Common use of NOTES HELD BY THE COMPANY OR ITS AFFILIATES Clause in Contracts

NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of 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 or other 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 or consent or other action under this Indenture, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Eventbrite, Inc.), Indenture (Eventbrite, Inc.)

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NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Sections 3.07 and 2.18, in In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent 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 consent 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 2 contracts

Samples: Indenture (Limelight Networks, Inc.), Indenture (Limelight Networks, Inc.)

NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Sections 3.07 and 2.18Section 3.09, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent or other action under this Indentureconsent, Notes owned by the Company or any of its Affiliates (excluding, for these purposes, the Initial Holders and 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 or other action under this Indentureconsent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Indenture (Gastar Exploration Inc.)

NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Sections 3.07 and 2.18, in In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent or other action under this Indentureconsent, Notes owned by the Company or any of its Affiliates (excluding, for these purposes, the Initial Holders and 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 or other action under this Indentureconsent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded. The Company and its Affiliates shall notify the Trustee in writing promptly, and in any event no later than ten (10) Business Days subsequent to a purchase of the Notes by the Company or any of its Affiliates, the amount of Notes so purchased.

Appears in 1 contract

Samples: Indenture (Workhorse Group Inc.)

NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Sections 3.07 and 2.18, in In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent or other action under this Indentureconsent, 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 or other action under this Indentureconsent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Indenture (LumiraDx LTD)

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NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of 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 or other 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 or consent 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 1 contract

Samples: Indenture (Bloom Energy Corp)

NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Sections 3.07 and Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent or other action under this Indentureconsent, Notes owned by the Company or any of its Affiliates will be disregarded and 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 waiver, consent or other action under this Indenture, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Indenture (Zogenix, Inc.)

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