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 (if any) 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 or Collateral Agent is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee or Collateral Agent, as applicable, actually knows are so owned will be so disregarded.
Appears in 3 contracts
Samples: Indenture (Getaround, Inc), Convertible Note Subscription Agreement (InterPrivate II Acquisition Corp.), Convertible Note Subscription Agreement (Starry Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17 and Section 3.07, 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 (if any) 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 or the Collateral Agent is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee or the Collateral Agent, as applicable, actually knows are so owned will be so disregarded.
Appears in 2 contracts
Samples: Second Lien Indenture (Luminar Technologies, Inc./De), First Lien Indenture (Luminar Technologies, Inc./De)
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 (if any) 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 or Collateral Agent is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee or the Collateral Agent, as applicable, actually knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Marti Technologies, Inc.)