Common use of Notes Held by Company, Etc Clause in Contracts

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 30 contracts

Samples: Note Purchase Agreement (SOUTH JERSEY GAS Co), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)

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Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the NotesGuarantee Agreement, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of its their respective Affiliates shall be deemed not to be outstanding.

Appears in 14 contracts

Samples: Guarantee Agreement (MSA Safety Inc), Master Note Purchase Agreement (Henry Schein Inc), Master Note Purchase Agreement (Henry Schein Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates Subsidiaries shall be deemed not to be outstanding.

Appears in 5 contracts

Samples: Senior Secured Note and Warrant Purchase Agreement (Jazz Pharmaceuticals Inc), Agreement (Aptargroup Inc), Twist Merger (Jazz Pharmaceuticals Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notesany other Note Document, or have directed the taking of any action provided herein or in the Notes any other Note Document to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 5 contracts

Samples: Note Purchase and Private Shelf Agreement (MGP Ingredients Inc), Note Purchase and Private Shelf Agreement (MGP Ingredients Inc), Note Purchase Agreement (Usn Communications Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates (including without limitation any Subsidiaries) shall be deemed not to be outstanding.

Appears in 2 contracts

Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/), Note Purchase Agreement (Wolverine World Wide Inc /De/)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or any of the NotesFinancing Documents, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ogara Co /Oh/), Note Purchase Agreement (Kroll O Gara Co)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the NotesGuaranty Agreement, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by any Guarantor, the Company Company, the Parent or any of its their respective Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Samples: Guaranty Agreement (Empire State Realty OP, L.P.), Guaranty Agreement (Empire State Realty OP, L.P.)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement Agreement, the Notes, the Security Documents or the NotesIntercreditor Agreement, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Samples: Note Purchase Agreement (United Asset Management Corp), Note Purchase Agreement (United Asset Management Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the NotesGuarantee Agreement, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of its their respective Affiliates shall be deemed not to be outstanding.. Exhibit 9.8-10

Appears in 1 contract

Samples: Master Note Purchase Agreement

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Pledge Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Puerto Rican Cement Co Inc

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement Agreement, the Notes or the Notesany other Financing Agreement, or have directed the taking of any action provided herein or herein, in the Notes or any other Financing Agreement to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Efunds Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders 46 42 holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Lone Star Industries Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Restricted Subsidiaries and Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Ameron International Corp)

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Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement Agreement, the Notes or the Notesany other Credit Document, or have directed the taking of any action provided herein or in the Notes or in any other Credit Document to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Noble Drilling Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement Agreement, the Notes or the Notesunder any other Note Document, or have directed the taking of any action provided herein or herein, in the Notes or in any other Note Document to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Truserv Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or any of the Notesother Note Documents, or have directed the taking of any action provided for herein or in any of the Notes other Note Documents to be taken upon the direction of the Holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Knowles Electronics Holdings Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates shall be deemed not to be outstanding.then

Appears in 1 contract

Samples: Note Purchase Agreement (Kennedy Wilson Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or any of the Notesother Note Documents, or have directed the taking of any action provided for herein or in any of the Notes other Note Documents to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by any of the Company or any of its their Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Investment Agreement (Wexford Management LLC)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company New Dreyer's or any of its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Dreyers Grand Ice Cream Holdings Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Holders holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement or any of the Notesother Note Documents, or have directed the taking of any action provided for herein or in any of the Notes other Note Documents to be taken upon the direction of the Holders holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Company or any of its Affiliates Subsidiaries shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Escrow Agreement (Icg Communications Inc /De/)

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