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Common use of Control by Majority Clause in Contracts

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 33 contracts

Samples: Indenture (Gene D. Yost & Son Inc.), Indenture (Chesapeake Louisiana Lp), Indenture (MidCon Compression LP)

Control by Majority. The Holders of at least a majority in principal amount of the outstanding Securities will have the right to of any series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.

Appears in 26 contracts

Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities will have the right to of any series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it, with respect to the Securities of such series. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of another Securityholder or that would involve the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such directionin personal liability.

Appears in 22 contracts

Samples: Indenture (Circus Finance Ii), Indenture (Tele Communications Inc /Co/), Indenture (Tci Communications Financing Iv)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities of a series will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such TrusteeTrustee with respect to Securities of such series, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 8 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to of any series may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by Holders of such Securities or that may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 8 contracts

Samples: Indenture (Lifepoint Health, Inc.), Indenture (West Virginia Management Services Organization, Inc.), Indenture (West Virginia Management Services Organization, Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is not inconsistent with such directionunduly prejudicial to the rights of another Securityholder, as such, or that would involve the Trustee in personal liability.

Appears in 8 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)

Control by Majority. The Majority Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is unduly prejudicial to the rights of Holders not inconsistent with joining in such direction, or that would involve the Trustee in personal liability.

Appears in 8 contracts

Samples: Indenture Agreement (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance I Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders of Securities or that may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 8 contracts

Samples: Indenture (Xm Satellite Radio Holdings Inc), Subordinated Indenture (Pegasus Communications Corp), Indenture (Ventas Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.

Appears in 8 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.

Appears in 7 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders, or would involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 7 contracts

Samples: Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp), Indenture (Excel Legacy Corp)

Control by Majority. The Holders of a majority in principal amount of the Outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Securities not joining in the giving of such direction, and may take any other action deemed it deems proper by such Trustee that is not inconsistent with any such directiondirection received from Holders of Securities.

Appears in 6 contracts

Samples: Indenture (Suzano Austria GmbH), Indenture (Suzano Austria GmbH), Indenture

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is unduly prejudicial to the rights of Securityholders not inconsistent with joining in such direction, or that would involve the Trustee in personal liability.

Appears in 6 contracts

Samples: Indenture (Transition Auto Finance Ii Inc), Indenture (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Iii Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 6 contracts

Samples: Indenture (Nco Group Inc), Indenture (Waste Connections Inc/De), Indenture (Incyte Pharmaceuticals Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders or would involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 5 contracts

Samples: Indenture (Del Webb Corp), Indenture (Del Webb Corp), Indenture (Del Webb Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of another Securityholder, as such, or that would involve the Trustee in personal liability; provided, that the Trustee may take any other action deemed proper by such Trustee that it which is not inconsistent with such direction.

Appears in 5 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)

Control by Majority. The Holders Owners of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of other Security Owners, or that may involve the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such directionin personal liability.

Appears in 5 contracts

Samples: Trust Indenture (Cornerstone Ministries Investments Inc), Trust Indenture (Cornerstone Ministries Investments Inc), Trust Indenture (Pif/Cornerstone Ministries Investments Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to outstanding securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of another Securityholder, that would involve the Trustee may take in personal liability, or if the Trustee does not have sufficient indemnification against any other action deemed proper by such Trustee that is not inconsistent with such directionloss or expense.

Appears in 5 contracts

Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and or any Security or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 4 contracts

Samples: Indenture (Net Servicos De Comunicacao S A), Indenture (Net Servicos De Comunicacao S A), Indenture (Brazilian Communitary Antennae LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture Indenture, is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 4 contracts

Samples: Indenture (Trans World Airlines Inc /New/), Indenture (Brand Scaffold Services Inc), Indenture (Continental Homes Holding Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper Holders, or that may involve the Trustee in personal liability, in each case as determined by such Trustee that is not inconsistent with such directionthe Trustee.

Appears in 4 contracts

Samples: Supplemental Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc), Indenture (Integrated Health Services Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 4 contracts

Samples: Indenture (Charming Shoppes Inc), Indenture (Venator Group Inc), Indenture (Alexion Pharmaceuticals Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then Outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders, or that may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 4 contracts

Samples: Indenture (Styrochem International LTD), Indenture (Styrochem International Inc), Indenture (Pci Carolina Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 4 contracts

Samples: Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Holders of Securities, or would involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 3 contracts

Samples: Indenture (1st FRANKLIN FINANCIAL CORP), Indenture (First Franklin Financial Corp), Indenture (First Franklin Financial Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.

Appears in 3 contracts

Samples: Indenture (Vencor Inc), Indenture (Vencor Inc), Indenture (Republic Group Inc)

Control by Majority. The Holders of a majority in principal amount of the then-outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law, regulation or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders or would subject the Trustee that is not inconsistent with such directionto personal liability.

Appears in 3 contracts

Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders, or that may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 3 contracts

Samples: Indenture (Primedia Inc), Indenture (Vegeterian Times Inc), Indenture (Vegeterian Times Inc)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of another Securityholder or that may involve the Trustee in personal liability; provided, that the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 3 contracts

Samples: Indenture (Specialty Chemical Resources Inc), Indenture (Specialty Chemical Resources Inc), Indenture (Specialty Chemical Resources Inc)

Control by Majority. The Holders Owners of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of other Security Owners, or that may involve the Trustee may take any other action deemed proper by such in personal liability or expense for which the Trustee that is has not inconsistent with such directionreceived a satisfactory indemnity.

Appears in 3 contracts

Samples: Trust Indenture (Pif/Cornerstone Ministries Investments Inc), Trust Indenture (Cornerstone Ministries Investments Inc), Trust Indenture (Pif/Cornerstone Ministries Investments Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines is unduly prejudicial to the rights of other action deemed proper by such Securityholders or would involve the Trustee that is not inconsistent with such directionin personal liability or for which the Trustee has failed to receive reasonable security or indemnity.

Appears in 3 contracts

Samples: Restated Supplemental Indenture (Mid America Capital Partners L P), Indenture (Mid America Capital Partners L P), Restated Supplemental Indenture (Mid America Capital Partners L P)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Securityholder, or that may involve the Trustee in personal liability; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 3 contracts

Samples: Indenture (Westmoreland Coal Co), Indenture (Smurfit Stone Container Corp), Indenture (Smurfit Stone Container Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and Indenture, any Security or any Guarantee or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 2 contracts

Samples: Indenture (Blue Bird Corp), Indenture (Paging Network Do Brazil Sa)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, ; provided that (1a) such direction is not in conflict with any rule of law or with this Indenture and Indenture, (2b) the Trustee may take any other action deemed it deems proper by such Trustee that is not inconsistent with such directiondirection and (c) such Holders have offered to the Trustee indemnity as provided in Section 7.1(e).

Appears in 2 contracts

Samples: Indenture (Key Energy Group Inc), Indenture (Key Energy Group Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is not inconsistent with such directionunduly prejudicial to the rights of another Securityholder, or that would involve the Trustee in personal liability.

Appears in 2 contracts

Samples: Indenture (Thorn Apple Valley Inc), Indenture (Thorn Apple Valley Inc)

Control by Majority. The Holders of a majority in principal amount of the Outstanding Securities will of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and or any Security of any series or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 2 contracts

Samples: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and or the Escrow Agreement or any Security or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 2 contracts

Samples: Indenture (Optel Inc), Indenture (Optel Inc)

Control by Majority. The Holders of a majority in principal Principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders, or would involve the Trustee that is in personal liability or expense for which the Trustee has not inconsistent with such directionreceived a satisfactory indemnity therefor.

Appears in 2 contracts

Samples: Indenture (Sunopta Inc), Indenture (Stake Technology LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of other Securityholders or that may involve the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such directionin personal liability.

Appears in 2 contracts

Samples: Indenture (Genesis Financial Group Inc \Va\), Promissory Note (Genesis Financial Group Inc \Va\)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteethe Trustee with respect to the Securities, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 2 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders or that may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 1 contract

Samples: Indenture (World Color Press Inc /De/)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture or any Security Document and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Gothic Energy Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that is not inconsistent with such directionmay involve the Trustee in personal liability.

Appears in 1 contract

Samples: Indenture (Flextronics International LTD)

Control by Majority. The Holders of a majority in principal amount at maturity of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that is not inconsistent conflicts with such direction.law or this Indenture or,

Appears in 1 contract

Samples: Indenture (Ero Marketing Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any 64 - 57 - trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and or any Security or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Westpoint Stevens Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will then outstanding shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Michael Petroleum Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such direction that conflicts with law or this Indenture or would involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 1 contract

Samples: Form 8 A

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding will have the right right, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee under this Indenture or exercising any trust or power conferred on such Trustee, provided that (1i) such direction is not in conflict with any rule of law or with this Indenture and (2ii) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Giant Industries Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, 40 provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Chesapeake Eno Acquisition Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to 51 57 follow any direction that conflicts with law or this Indenture; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Waste Connections Inc/De)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders or would subject the Trustee that is not inconsistent with such directionto personal liability.

Appears in 1 contract

Samples: Indenture (Rockdale Resources Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture or the Pledge Agreement and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Gothic Energy Corp)

Control by Majority. The Holders of a majority in principal amount at maturity of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders of Securities or that may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 1 contract

Samples: Indenture (United International Holdings Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Holders, or would involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 1 contract

Samples: Indenture (Pioneer Financial Services Inc /De)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture; PROVIDED that the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Pinnacle Holdings Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other action deemed proper by such Trustee that is not inconsistent with such direction.Securityholders or would

Appears in 1 contract

Samples: Indenture (SFG Capital Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any 52 direction that (i) conflicts with law or this Indenture, (ii) is unduly prejudicial to the rights of other action deemed proper by such Holders, or (iii) may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 1 contract

Samples: Indenture (Dailey Petroleum Services Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities will have at the right to time outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines in good faith is unduly prejudicial to the rights of other action deemed proper by such Securityholders or would involve the Trustee that in personal liability unless the Trustee is not inconsistent with such directionoffered indemnity reasonably satisfactory to it.

Appears in 1 contract

Samples: Indenture (Covad Communications Group Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or the Noteholder Collateral Agent or of exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.or the

Appears in 1 contract

Samples: Indenture (Us Concrete Inc)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Securities will have the right may, subject to Section 7.02(iv), direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.refuse to

Appears in 1 contract

Samples: Senior Notes Indenture (Impsat Corp)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee, ; provided that (1) such the Trustee may refuse to follow any direction is not in conflict that conflicts with any rule of law or with this Indenture or that shall expose the Trustee to personal liability; and (2) provided further that the Trustee may take any other action deemed it deems proper by such Trustee that is not inconsistent with such direction.any directions received from Holders of Securities pursuant to this Section 7.05. SECTION

Appears in 1 contract

Samples: Indenture (Teekay Shipping Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and Indenture, the Escrow Agreement or any Security or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Golden Sky Systems Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that (i) conflicts with law or this Indenture, (ii) is unduly prejudicial to the rights of other action deemed proper by such Holders, or (iii) may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 1 contract

Samples: Indenture (Dailey International Inc)

Control by Majority. The Subject to Section 2.12, the Holders of a majority in principal amount of the outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee that is not inconsistent with such direction.direction 68

Appears in 1 contract

Samples: Indenture (Newport News Shipbuilding Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to of any series may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders of Securities or that may involve the Trustee that is not inconsistent with such directionin personal liability.

Appears in 1 contract

Samples: Indenture (Asia Global Crossing LTD)

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any 64 -57- trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and or any Security or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Westpoint Stevens Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and Indenture, any Security or any Security Guarantee or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Chemical Leaman Corp /Pa/)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising exer cising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Forman Petroleum Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided PROVIDED that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Control by Majority. The Holders of a majority in principal Principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders, or would involve the Trustee that is in personal liability or expense for which the Trustee has not inconsistent with such directionreceived a satisfactory indemnity.

Appears in 1 contract

Samples: Indenture (United States Telecommunications Inc/Fl)

Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and or any Security or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (Golden Sky DBS Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture or is unduly prejudicial to the rights of other action deemed proper by such Trustee that is not inconsistent with such directionSecurityholders.

Appears in 1 contract

Samples: Indenture (Eagle Picher Industries Inc)

Control by Majority. The Holders of a majority in ------------------- aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that provided, however, that: (1a) such direction is shall not be in conflict with any rule of law or with this Indenture and Indenture, any Security or any Security Guarantee or expose the Trustee to personal liability; and (2b) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.

Appears in 1 contract

Samples: Indenture (MTL Inc)