Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no such direction shall be otherwise than in accordance with law and the provisions of this Indenture and (subject to the requirements of the Trust Indenture Act of 1939) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 6 contracts
Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 6 contracts
Samples: Indenture (Comcast Cable Communications LLC), Indenture (Comcast Cable Communications Inc), Comcast Corp
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no such direction shall be otherwise than in accordance with law and the provisions of this Indenture and (subject to the requirements of the Trust Indenture Act of 1939) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 4 contracts
Samples: Indenture (Ahold Finance Usa Inc), Indenture (Ahold Finance Usa Inc), Stolt Offshore S A
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, Trustee shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 4 contracts
Samples: Debt Indenture (Gazit Group Financial LLC), Subordinated Debt Indenture (Gazit Group Financial LLC), Senior Debt Indenture (Gazit Group Financial LLC)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series Series affected (with each Series treated as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no Series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all Series or of the Holders of any Coupons appertaining thereto so affected not joining in the giving of said direction, it being understood that (subject to Section 6.01) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 4 contracts
Samples: Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.), Indenture (Whirlpool Corp /De/)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 4 contracts
Samples: Nokia Corp, Patriot Coal CORP, Patriot Coal CORP
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 4 contracts
Samples: Indenture (Universal Health Services Inc), Indenture (Emerson Electric Co), Indenture (Emerson Electric Co)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01 and 5.02(d)) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, Trustee shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 4 contracts
Samples: Indenture (Teva Pharmaceutical Finance Co B.V.), Indenture (Teva Pharmaceutical Finance Co B.V.), Teva Pharmaceutical Finance Co B.V.
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1 hereof) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 6.1 hereof) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (NRG Energy Inc), Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal Principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoingby this Indenture; provided, no that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearance specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (Cone Mills Corp), Cone Mills Corp, Cone Mills Corp
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a separate class) at the time outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 7.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directorsfaith, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 7.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 3 contracts
Samples: Reynolds R J Tobacco Co, Rj Reynolds Tobacco Holdings Inc, RJR Acquisition Corp
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (Tyco International Group S A), Indenture (Tyco International LTD /Ber/), Tyco International LTD /Ber/
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no such direction shall be otherwise than in accordance with law and the provisions of this Indenture and (subject to the requirements of the Trust Indenture Act of 1939) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 3 contracts
Samples: Royal Ahold, Ahold Finance Usa Inc, Royal Ahold
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and (subject to the requirements of the Trust Indenture Act of 1939) provided further that the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that the Trustee shall have no duty to ascertain whether or not such actions or forebearances may not lawfully be taken or are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Astrazeneca PLC), Astrazeneca PLC
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, Trustee shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Sumitomo Mitsui Financial Group, Inc.), Sumitomo Mitsui Financial Group, Inc.
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Cardinal Health Inc, Cardinal Health Inc
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Subordinated Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Subordinated Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, Trustee shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Subordinated Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Sumitomo Mitsui Financial Group, Inc.), Sumitomo Mitsui Financial Group, Inc.
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) shall have the right to direct in writing the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of Trustee; provided that such series. Notwithstanding any of the foregoing, no such written direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial expose the Trustee to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, personal liability or if the Trustee in good faith by its board of directors, directors or the executive committee thereof shall so determine that the actions or a trust committee forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of directors or Responsible Officers Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall determine that the action have no duty to ascertain whether or proceedings so directed would involve the Trustee in personal liabilitynot such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (American Tower Corp /Ma/), Indenture (American Tower Corp /Ma/)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Nokia Corp), Indenture (Nokia Corp)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1 hereof) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1 hereof) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Satisfaction And (Tyco International LTD /Ber/), Indenture (Tyco International LTD /Ber/)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount number of the Securities Warrants of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability. Nothing in this Indenture shall impair the right of liability or if the Trustee in its discretion good faith shall so determine that the actions or forbearances specified in or pursuant to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section
Appears in 2 contracts
Samples: Agent Agreement (JPMorgan Chase Financial Co. LLC), JPMorgan Chase Financial Co. LLC
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01 and 5.02(d)) the Trustee shall have the right to decline to follow any such direction if (i) the Trustee, being advised by counsel, Trustee shall determine that the action or proceeding so directed may not lawfully be taken taken; or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or (ii) if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability; or (iii) if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders; or (iv) the Trustee has not received indemnity satisfactory to it in its sole discretion. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Teva Pharmaceutical Industries LTD, Teva Pharmaceutical Industries LTD
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided, further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Becton Dickinson & Co, Cardinal Health Inc
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Perpetual Subordinated Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Perpetual Subordinated Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Perpetual Subordinated Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj Financial (Mitsubishi Ufj Financial Group Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by to the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: J P Morgan Chase & Co, J P Morgan Chase & Co
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount at Maturity of the Securities of each series Series affected (with each Series treated as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no Series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all Series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Max Re Capital LTD), Max USA Holdings Ltd.
Control by Securityholders. The Holders of not less than a majority in aggregate principal Principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve subject the Trustee to personal liability or if the Trustee in personal liabilitygood faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Loop Media, Inc.), Formfactor Inc
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount Current Principal Amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Perpetual Subordinated Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Perpetual Subordinated Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, Trustee shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Perpetual Subordinated Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc.
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount at Maturity of the Securities of each series Series affected (with each Series treated as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no Series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all Series so affected not joining in the giving of said direction, it being understood that the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Senior Indenture (Alterra Finance LLC), Alterra Finance LLC
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided, further, that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings proceeding so directed would involve the Trustee in personal liabilityany financial or other liability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Congoleum Corp), Indenture (American Biltrite Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount at Maturity of the Securities of each series Series affected (with each Series treated as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no Series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all Series so affected not joining in the giving of said direction, it being understood that the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Trustee; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial expose the Trustee to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, personal liability or if the Trustee in good faith by its board of directors, directors or the executive committee thereof shall so determine that the actions or a trust committee forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of directors or Responsible Officers Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall determine that the action have no duty to ascertain whether or proceedings so directed would involve the Trustee in personal liabilitynot such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Chancellor Media Corp/
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Progressive Corp/Oh/)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, Trustee shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Hanarotelecom Inc
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected a Series at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1 hereof) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of Holders of the Securities of a Series not joining in the giving of said direction, it being understood that (subject to Section 5.1 hereof) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1 hereof) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the its executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 6.1 hereof) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; PROVIDED that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and PROVIDED FURTHER that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Progressive Corp/Oh/)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Irvine Apartment Communities L P
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series Series affected (with each Series treated as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no Series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all Series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Office Depot Inc)
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Eco Telecom LTD
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, counsel shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Progressive Corp/Oh/)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Planetout Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount at Maturity of the Securities of each series Series affected (with each Series treated as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no Series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability. Nothing in this Indenture shall impair the right of liability or if the Trustee in its discretion good faith shall so determine that the actions or forebearances specified in or pursuant to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.would be unduly prejudicial to the interests of Holders of the Securities of all Series so affected not joining in the giving of said direction, it being understood that (subject to Section
Appears in 1 contract
Samples: Max USA Holdings Ltd.
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Benton Oil & Gas Co
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Weirton Steel Corp
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officer or Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: J P Morgan Chase & Co
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series Series affected (with each Series treated as a separate class) at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no Series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action actions or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action actions or proceedings so directed would involve the Trustee in personal liabilityliability or if a trust committee of Responsible Officers in good faith shall determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all Series or of the Holders of any Coupons appertaining thereto so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Lithia Motors Inc
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount at maturity of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Weirton Steel Corp
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: J P Morgan Chase & Co
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Murphy Oil Corp /De)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board Board of directorsDirectors, the executive committee Executive Committee, or a trust committee Trust Committee of directors Directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Chubb Capital Trust Iii
Control by Securityholders. The Holders of not less than a majority in -------------------------- aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Vishay Intertechnology Inc
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with all such series voting as a single class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Fixed-Term Subordinated Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Fixed-Term Subordinated Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Fixed-Term Subordinated Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc)
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve subject the Trustee to personal liability or if the Trustee in personal liabilitygood faith shall so determine that the actions or forebearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; PROVIDED that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and PROVIDED FURTHER that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Weirton Steel Corp
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officer or Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability. Nothing in this Indenture shall impair the right of liability or if the Trustee in its discretion good faith shall so determine that the actions or forbearances specified in or pursuant to take any action deemed proper by such direction would be unduly prejudicial to the interests of Holders of Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee and which is shall have no duty to ascertain whether or not inconsistent with such direction actions or directions by Securityholdersforbearances are unduly prejudicial to such Holders.
Appears in 1 contract
Samples: J P Morgan Chase & Co
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a separate class) at the time outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoingseries by this Indenture; provided, no that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided, further, that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 7.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directorsfaith, the executive committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 7.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Reynolds American Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: E Trade Group Inc
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officer or Officers of the Trustee shall determine determined that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: J P Morgan Chase & Co
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected a Series at the time Outstanding (with each such series voting separately as a class) 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 the Trustee by this Indenture with respect to Securities of such series. Notwithstanding any of the foregoing, no Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1 hereof) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forbearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of Holders of the Securities of a Series not joining in the giving of said direction, it being understood that (subject to Section 5.1 hereof) the Trustee shall have no duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected at the time Outstanding (with each such series voting separately as a class) shall have the right to direct in writing the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to Securities of Trustee; provided that such series. Notwithstanding any of the foregoing, no such written direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided, further, that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial expose the Trustee to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, personal liability or if the Trustee in good faith by its board of directors, directors or the executive committee thereof shall so determine that the actions or a trust committee forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of directors or Responsible Officers Holders of the Securities not joining in the giving of said direction, it being understood that (subject to Section 5.1) the Trustee shall determine that the action have no duty to ascertain whether or proceedings so directed would involve the Trustee in personal liabilitynot such actions or forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (American Tower Corp /Ma/)
Control by Securityholders. The Holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 5.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 5.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Astrazeneca PLC
Control by Securityholders. The Holders holders of not less than a majority in aggregate principal amount of the Securities of each series affected (with each series voting as a separate class) at the time Outstanding (with each such series voting separately as a class) outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee by this Indenture with respect to the Securities of such series. Notwithstanding any of the foregoing, no series by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the requirements provisions of the Trust Indenture Act of 1939Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or would be unjustly prejudicial to the Holders of such Securities not taking part in such direction, or the Holders of the Securities of any other series, or if the Trustee in good faith by its board of directors, the executive committee committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liabilityliability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction shall be unduly prejudicial to the interests of holders of the Securities of all series so affected not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Tyme Technologies, Inc.)
