Control by Securityholders. The Holders of a majority in aggregate principal amount of the Securities of each Series affected at the time Outstanding 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 by this Indenture on the Trustee with respect to the Securities of such Series; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture. The Trustee shall have the right to decline to follow any such direction if the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability 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.
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Samples: Indenture (Fluor Corp), Indenture (Fluor Corp)
Control by Securityholders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of each Series affected at the time Outstanding any series shall have the right to direct the time, method, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred by this Indenture on the Trustee Trustee, with respect to the Securities of such Seriesseries; provided that such direction shall not be otherwise than in accordance with law and that
(a) the provisions of this Indenture. The Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or would conflict with this Indenture;
(b) the Trustee shall not determine that the action or proceedings so directed would involve be unjustly prejudicial to Holders not taking part in such action;
(c) such direction shall be presented by such Holders to the Trustee in personal liability a timely manner;
(d) such direction shall not be in conflict with any rule of law or if with this Indenture; and
(e) 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 may take any other action deemed proper by the Trustee shall have no duty to ascertain whether or which is not inconsistent with such actions or forbearances are unduly prejudicial to such Holdersdirection.
Appears in 1 contract
Control by Securityholders. The Holders of a majority in aggregate principal amount of the Securities of each Series affected 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 Trustee, or exercising any trust or power conferred by this Indenture on the Trustee with respect to the Securities of such Seriesby this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture. The ; and provided further that (subject to the provisions of Section 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 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 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.Trustee
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Control by Securityholders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of each any Series affected 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 by this Indenture on the Trustee with respect to the Securities of such Series; provided that that
(a) such direction shall not be otherwise than in accordance conflict with any rule of law and the provisions of or this Indenture. The ,
(b) the Trustee shall have the right to decline to follow any such direction if the Trustee shall determine Trustee, being advised by counsel, determines that the action or proceedings so directed may not lawfully be taken or would involve the Trustee in personal liability conflict with this Indenture or if the Trustee in good faith shall so shall, by a Responsible Officer, determine that the actions proceedings so directed would involve it in personal liability or forbearances specified in or pursuant to such direction would be unduly unjustly prejudicial to the interests of Holders of the Securities of all Series so affected not joining taking part in the giving of said such direction, it being understood that and
(c) the Trustee shall have no duty to ascertain whether or may take any other action deemed proper by the Trustee which is not inconsistent with such actions or forbearances are unduly prejudicial to such Holdersdirection.
Appears in 1 contract
Samples: Indenture (Perez Companc Sa)