Common use of Outstanding Securities; Determination of Holder's Action Clause in Contracts

Outstanding Securities; Determination of Holder's Action. Securities outstanding at any time are all the Securities authenticated by the Trustee except for those cancelled by it, those paid pursuant to Section 2.7, those delivered to it for cancellation and those described in this Section 2.8 as not outstanding. A Security does not cease to be outstanding because the Company or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite principal amount of Securities have given or concurred in any request, demand, authorization, direction, notice, consent, waiver, or other Act hereunder, Securities owned by the Company or any other obligor upon the Securities or any Affiliate of the Company or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver or other Act, only Securities which a Responsible Officer knows are so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Article VIII and Article XI). If a Security is replaced pursuant to Section 2.7, it ceases to be outstanding unless the Trustee receives proof satisfactory to it that the replaced Security is held by a bona fide purchaser. If the Paying Agent holds, in accordance with this Indenture, on the Business Day following a Repurchase Date or Fundamental Change Repurchase Date, or on Stated Maturity, money sufficient to pay Securities payable on that date, then immediately after such Xxxxxxxxxx Xxxx, Xxxxxxxxxxx Xxxxxx Xxxxxxxxxx Date or Stated Maturity, as the case may be, such Securities shall cease to be outstanding and interest and Liquidated Damages, if any, on such Securities shall cease to accrue. If a Security is converted in accordance with Article XIII, then from and after the time of conversion on the date of conversion, such Security shall cease to be outstanding and interest, and Liquidated Damages, if any, shall cease to accrue on such Security.

Appears in 2 contracts

Samples: Registration Rights Agreement (Integrated Electrical Services Inc), Integrated Electrical Services Inc

AutoNDA by SimpleDocs

Outstanding Securities; Determination of Holder's Action. Securities outstanding at any time are all the Securities authenticated by the Trustee except for those cancelled by it, those paid pursuant to Section 2.7, those delivered to it for cancellation and those described in this Section 2.8 as not outstanding. A Security does not cease to be outstanding because the Company or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite principal amount of Securities have given or concurred in any request, demand, authorization, direction, notice, consent, waiver, or other Act hereunder, Securities owned by the Company or any other obligor upon the Securities or any Affiliate of the Company or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver or other Act, only Securities which a Responsible Officer knows are so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Article VIII Articles X and Article XIXIII). If a Security is replaced pursuant to Section 2.7, it ceases to be outstanding unless the Trustee receives proof satisfactory to it that the replaced Security is held by a bona fide purchaser. If the Paying Agent holds, in accordance with this Indenture, on the Business Day following a Repurchase Date or Fundamental Change Repurchase Date, or on Stated Maturity, money sufficient to pay Securities payable on that date, then immediately after such Xxxxxxxxxx XxxxRepurchase Date, Xxxxxxxxxxx Xxxxxx Xxxxxxxxxx Fundamental Change Repurchase Date or Stated Maturity, as the case may be, such Securities shall cease to be outstanding and interest and interest, including Liquidated Damages, if any, on such Securities shall cease to accrue. If a Security is converted in accordance with Article XIIIXV, then from and after the time of conversion on the date of conversion, such Security shall cease to be outstanding and interest, and including Liquidated Damages, if any, shall cease to accrue on such Security.

Appears in 1 contract

Samples: Indenture (Interstate Bakeries Corp/De/)

AutoNDA by SimpleDocs

Outstanding Securities; Determination of Holder's Action. Securities outstanding at any time are all the Securities authenticated by the Trustee except for those cancelled by it, those paid pursuant to Section 2.7, those delivered to it for cancellation and those described in this Section 2.8 as not outstanding. A Security does not cease to be outstanding because the Company or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite principal amount of Securities have given or concurred in any request, demand, authorization, direction, notice, consent, waiver, or other Act hereunder, Securities owned by the Company or any other obligor upon the Securities or any Affiliate of the Company or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver or other Act, only Securities which a Responsible Officer knows are so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Article VIII Articles 7 and Article XI10). If a Security is replaced pursuant to Section 2.7, it ceases to be outstanding unless the Trustee receives proof satisfactory to it that the replaced Security is held by a bona fide purchaser. If the Paying Agent holds, in accordance with this Indenture, on the Business Day following a Repurchase Date or Fundamental Change Repurchase of Control Purchase Date, or on Stated Maturity, money sufficient to pay Securities payable on that date, then immediately after such Xxxxxxxxxx Xxxx, Xxxxxxxxxxx Xxxxxx Xxxxxxxxxx Change of Control Purchase Date or Stated Maturity, as the case may be, such Securities shall cease to be outstanding and interest interest, including Liquidated Damages and Liquidated DamagesPass-Through Dividends, if any, on such Securities shall cease to accrue. If a Security is converted in accordance with Article XIII11, then from and after the time of conversion on the date of conversion, such Security shall cease to be outstanding and interest, including Liquidated Damages and Liquidated DamagesPass-Through Dividends, if any, shall cease to accrue on such Security.

Appears in 1 contract

Samples: Pg&e Corp

Time is Money Join Law Insider Premium to draft better contracts faster.