NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 28 contracts
Samples: Indenture (Fluence Energy, Inc.), Indenture (Guidewire Software, Inc.), Indenture (Orthopediatrics Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 8 contracts
Samples: Indenture (Winnebago Industries Inc), Indenture (Innoviva, Inc.), Indenture (Chefs' Warehouse, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver waiver, consent or consentother action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 7 contracts
Samples: Indenture (Rivian Automotive, Inc. / DE), Indenture (Stem, Inc.), Indenture (Rivian Automotive, Inc. / DE)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 7 contracts
Samples: Indenture (Oil States International, Inc), Indenture (Halozyme Therapeutics, Inc.), Indenture (Halozyme Therapeutics, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 7 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Guess Inc), Indenture (SMART Global Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consentconsent or other action under this Indenture, Notes owned by the Company or any of its Subsidiaries or Affiliates or any Subsidiary of any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consentconsent or other action under this Indenture, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 6 contracts
Samples: Indenture (2U, Inc.), Indenture (Bandwidth Inc.), Indenture (Envista Holdings Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 6 contracts
Samples: Indenture (Super Micro Computer, Inc.), Indenture (Halozyme Therapeutics, Inc.), Indenture (Outbrain Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 5 contracts
Samples: Indenture (Lemaitre Vascular Inc), Indenture (Air Transport Services Group, Inc.), Indenture (Varex Imaging Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 4 contracts
Samples: Indenture (Haemonetics Corp), Indenture (Vail Resorts Inc), Indenture (National Vision Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 4 contracts
Samples: Indenture (Core Scientific, Inc./Tx), Indenture (SoFi Technologies, Inc.), Indenture (Xeris Biopharma Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 3 contracts
Samples: Indenture (Sunpower Corp), Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.07, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 3 contracts
Samples: Indenture (Perficient Inc), Indenture (Perficient Inc), Indenture (Perficient Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver waiver, consent or consentother action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver waiver, consent or consentother action under this Indenture, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 2 contracts
Samples: Indenture (Seven Oaks Acquisition Corp.), Indenture (MultiPlan Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18Sections 4.06 and 2.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 2 contracts
Samples: Eighth Supplemental Indenture (Tellurian Inc. /De/), Ninth Supplemental Indenture (Tellurian Inc. /De/)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the . The Trustee is protected in relying on not under any such direction, waiver obligation to monitor or consent, only determine whether any Notes that a Responsible Officer of are owned by the Trustee knows are so owned will be so disregardedCompany or its Affiliates.
Appears in 2 contracts
Samples: Indenture (K2m Group Holdings, Inc.), Indenture (K2m Group Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Affiliate Notes owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Accredited Investor Notes beneficially owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Oscar Health, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.07 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (CNX Resources Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows has received written notice from the Company certifying that the relevant Notes are so owned by the Company or any of its Affiliates, will be so disregarded.
Appears in 1 contract
Samples: Indenture (NRG Energy, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.07, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (CalAmp Corp.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.09, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Farfetch LTD)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.09, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (other than any Affiliate Note) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Farfetch LTD)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.03, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Sabre Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (other than any Initial Holder Party) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Company, Holdings or any of its their respective Subsidiaries or Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (SB/RH Holdings, LLC)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.13, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: First Supplemental Indenture (Mesa Laboratories Inc /Co)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Bentley Systems Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.06, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstandingOutstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18Sections 3.06 and 2.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Affiliate Notes beneficially owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver waiver, consent or consentother action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Post Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Company certifies in an Officer’s Certificate to Trustee knows are as so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded..
Appears in 1 contract
Samples: Indenture (Inotiv, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Company, the Guarantor or any of its their respective Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Spotify Technology S.A.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.Responsible
Appears in 1 contract
Samples: Indenture (Peabody Energy Corp)
