Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 222 contracts
Sources: Fifth Supplemental Indenture (SM Energy Co), Indenture (Continental Resources, Inc), Indenture (SM Energy Co)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 178 contracts
Sources: Indenture (Constellation Energy Generation LLC), Indenture (Constellation Energy Generation LLC), Indenture (Post Holdings, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuers or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 81 contracts
Sources: Indenture (Primo Brands Corp), Indenture (Sunoco LP), Indenture (Holly Energy Partners Lp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 72 contracts
Sources: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 67 contracts
Sources: Indenture (LandBridge Co LLC), Indenture (WaterBridge Infrastructure LLC), Indenture (WaterBridge Infrastructure LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuer or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 41 contracts
Sources: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Venture Global, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Issuer or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 39 contracts
Sources: Indenture (PGT Innovations, Inc.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall will be so disregarded.
Appears in 37 contracts
Sources: Indenture (H&E Equipment Services, Inc.), Indenture (Emergent BioSolutions Inc.), Indenture (MTS Systems Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 37 contracts
Sources: Indenture (GXS Corp), Indenture (Trico Marine Services Inc), Indenture (Metaldyne Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 36 contracts
Sources: Indenture (Videotron Ltee), Indenture (Videotron Ltee), Indenture (Quebecor Media Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 33 contracts
Sources: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Rithm Capital Corp.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 33 contracts
Sources: Indenture (Uniti Group Inc.), Indenture (Cinemark Usa Inc /Tx), Indenture (Uniti Group Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuers or, if the TIA is applicable to this Supplemental Indenture, to the extent required by the TIA, any person controlling the Issuers, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 25 contracts
Sources: Supplemental Indenture (Cco Holdings LLC), Supplemental Indenture (Cco Holdings LLC), Supplemental Indenture (Cco Holdings LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Issuers or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 24 contracts
Sources: Indenture (JBS USA FOOD Co HOLDINGS), Indenture (JBS USA FOOD Co HOLDINGS), Indenture (JBS USA FOOD Co HOLDINGS)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned shall will be so disregarded.
Appears in 23 contracts
Sources: Indenture (Chord Energy Corp), Indenture (Venture Global, Inc.), Indenture (Chord Energy Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 23 contracts
Sources: Eighteenth Supplemental Indenture (BALL Corp), Seventeenth Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Subsidiary Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned shall will be so disregarded.
Appears in 20 contracts
Sources: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Indenture (Bonanza Creek Energy, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are so owned shall be so disregarded.
Appears in 19 contracts
Sources: Indenture (Americredit Corp), Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (L 3 Communications Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Companyan Issuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Companyan Issuer, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 18 contracts
Sources: Indenture (Nexstar Broadcasting Group Inc), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes of a Series have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 17 contracts
Sources: Indenture (Vse Corp), Indenture (Genco Shipping & Trading LTD), Indenture (Bunge Global SA)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 16 contracts
Sources: Indenture (Cascades Inc), Indenture, Indenture
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuers, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 16 contracts
Sources: Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Indenture (Douglas Dynamics, Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 14 contracts
Sources: Indenture (NTL Delaware Inc), Indenture (Akamai Technologies Inc), Indenture (Akamai Technologies Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Companyof their Affiliates, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 14 contracts
Sources: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned shall be so disregarded.
Appears in 14 contracts
Sources: Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp), Note Purchase Agreement (Goodrich Petroleum Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 13 contracts
Sources: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 12 contracts
Sources: Indenture (Lifepoint Health, Inc.), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that as to which a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.
Appears in 12 contracts
Sources: Indenture (Valimar Home & Land Company, LLC), Indenture (Wci Communities Inc), Indenture (Transmontaigne Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though disregarded and deemed not to be outstanding, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 11 contracts
Sources: Intercreditor Agreement (Babcock & Wilcox Enterprises, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, by any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 11 contracts
Sources: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Indenture (Cenveo, Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Co-Issuers or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 11 contracts
Sources: Eighth Supplemental Indenture (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Indenture (Navios South American Logistics Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that as to which a Responsible Officer of the Trustee knows has received an Officer’s Certificate stating that such Notes are so owned shall be so disregarded.
Appears in 9 contracts
Sources: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 9 contracts
Sources: Indenture (Saxon Capital Inc), Indenture (360networks Inc), Indenture (Gni Group Inc /De/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.
Appears in 9 contracts
Sources: Indenture (Highwaymaster Corp), Indenture (Cinemark Usa Inc /Tx), Indenture (Orbital Imaging Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 9 contracts
Sources: First Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Affiliate thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or of consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded. The Company agrees to notify the Trustee of the existence of any such treasury Notes or Notes owned by the Company, any Guarantor or an Affiliate thereof.
Appears in 9 contracts
Sources: Indenture (Anchor Glass Container Corp /New), Indenture (Ironton Iron Inc), Indenture (Dole Food Co Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, direction to the Trustee or consent to the waiver or consentof any past default and its consequences, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver direction or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 9 contracts
Sources: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Mci Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Subsidiary Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 9 contracts
Sources: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (HC2 Holdings, Inc.), Indenture (Melco Crown Entertainment LTD)
Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 8 contracts
Sources: Indenture (Polypore International, Inc.), Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall will be so disregarded.
Appears in 8 contracts
Sources: Indenture (Neomarkers Inc), Indenture (Hughes Supply Inc), Indenture (Central Garden & Pet Company)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee a Responsible Officer knows are so owned shall will be so disregarded.
Appears in 8 contracts
Sources: Indenture (Carriage Services Inc), Indenture (Bristow Group Inc.), Indenture (Bristow Group Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the Company, Company or by any Person directly or indirectly controlling controlling, or controlled by by, or under direct or indirect common control with with, the Company, shall Company will be considered treated as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 7 contracts
Sources: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 6 contracts
Sources: Indenture (Constellation Energy Generation LLC), Indenture (Calpine Corp), Indenture (Calpine Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned shall be so disregarded.
Appears in 6 contracts
Sources: Second Supplemental Indenture (Istar Financial Inc), Indenture (Heritage Property Investment Limited Partnership), Supplemental Indenture (Istar Financial Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 6 contracts
Sources: Ninth Supplemental Indenture (Dana Inc), Seventh Supplemental Indenture (Dana Inc), Indenture (Dana Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee any of its Responsible Officers actually knows are so owned shall be so disregarded.
Appears in 6 contracts
Sources: Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), Fifth Supplemental Indenture (Vital Energy, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are so owned shall be so disregarded.
Appears in 6 contracts
Sources: Indenture (APW Supermarkets, Inc.), Indenture (Inex Corp), Indenture (Amcraft Building Products Co Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee any of its Responsible Officers knows are so owned shall be so disregarded.
Appears in 6 contracts
Sources: Supplemental Indenture (Laredo Petroleum, Inc.), Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Eleventh Supplemental Indenture (Central Garden & Pet Co), Seventh Supplemental Indenture (Central Garden & Pet Co), Third Supplemental Indenture (Central Garden & Pet Co)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Titan International Inc), Indenture (Titan International Inc), Indenture (Titan International Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Indenture (Boyd Acquisition I, LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Centene Corp), Indenture (Centene Corp), Indenture (China Shen Zhou Mining & Resources, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: First Supplemental Indenture (Chemtura CORP), Indenture (IASIS Healthcare LLC), Indenture (Advanced Medical Optics Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 4 contracts
Sources: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Windstream Services, LLC), Indenture (Windstream Services, LLC), Indenture (Windstream Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Senior Indenture (Airgate PCS Inc /De/), Indenture (St Louis Gaming Co), Subordinated Indenture (Airgate PCS Inc /De/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Company and Affiliates of the Company, Company shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Companyan Issuer, by any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Energy Resources, LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any request, demand, authorization, direction, waiver notice, consent or consentwaiver, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, waiver notice, consent or consentwaiver, only Notes that the Trustee a Responsible Officer knows are so owned shall will be so disregarded.
Appears in 4 contracts
Sources: Fifth Supplemental Indenture (Metropcs Communications Inc), Sixth Supplemental Indenture (Metropcs Communications Inc), Second Supplemental Indenture (Metropcs Communications Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuer, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 4 contracts
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows has been notified in writing are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Geo Group Inc), Indenture (Geo Group Inc), Indenture (Geo Group Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuer or any Guarantor (if any), or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuer or any Guarantor (if any), shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 3 contracts
Sources: First Supplemental Indenture (Phillips 66 Partners Lp), Second Supplemental Indenture (Phillips 66 Partners Lp), Third Supplemental Indenture (Phillips 66 Partners Lp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are so owned shall will be so disregarded.
Appears in 3 contracts
Sources: Indenture (Southern Star Central Corp), Indenture (Beverly Enterprises Inc), Indenture (Interactive Voice Media (Sacramento) Corp.)
Treasury Notes. In determining whether the Holders holder of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: First Supplemental Indenture (Western Digital Corp), Indenture (Western Digital Corp), Indenture (WD Media, LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Fine Host Corp), Indenture (Cellular Communications International Inc), Indenture (Cellular Communications International Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows shall have received written notice that such Notes are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (BRP (Luxembourg) 4 S.a.r.l.), Indenture (Dominos Inc), Indenture (Dominos Pizza Government Services Division Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall will be so disregarded.
Appears in 3 contracts
Sources: Indenture (Patrick Industries Inc), Indenture (Patrick Industries Inc), Indenture (American Woodmark Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, request, demand, authorization, notice, waiver or consentconsent pursuant to this Indenture, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall Trustees will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows Trustees know are so owned shall will be so disregarded.
Appears in 3 contracts
Sources: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Exide Technologies), Indenture (Exide Technologies), Indenture (Poindexter J B & Co Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor or any of their respective Affiliates, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 3 contracts
Sources: Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that as to which a Responsible Officer of the Trustee knows has received an Officers’ Certificate stating that such Notes are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by any Issuer, the Company, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with any Issuer or the Company, Guarantor shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee a Trust Officer actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (Usx Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, by any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Metal Management Inc), Indenture (Metal Management Inc), Indenture (Metal Management Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (NextWave Wireless LLC), Non Recourse Secured Notes Indenture (NextWave Wireless LLC), Indenture (NextWave Wireless LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though deemed not to be outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Unifi Inc), Indenture (K&f Industries Inc), Indenture (Greenbrier Companies Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying conclusively on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned shall will be so disregarded.
Appears in 2 contracts
Sources: Temporary Notes Indenture (Hillman Companies Inc), Indenture (Hillman Companies Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, direction to the Trustee or consent to the waiver or consentof any past default and its consequences, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver direction or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Mettler Toledo Holding Inc), Indenture (Mettler Toledo Holding Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that to the actual knowledge of the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Prime Succession Inc), Indenture (Rose Hills Co)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered disregarded as though they were not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, only Notes that the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Senior Discount Notes Indenture (Orionnet Finance Corp), Senior Notes Indenture (Orionnet Finance Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Coast Resorts Inc), Indenture (Casino Magic of Louisiana Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly Affiliate of the Company or indirectly controlling or controlled by or under direct or indirect common control with the Companyany Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Brookstone Holdings Corp.), Indenture (Elizabeth Arden Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Affiliate thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or of consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Propex International Holdings II Inc.), Indenture (Nacg Finance LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Grant Prideco Inc), Indenture (Grant Prideco Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Subsidiary, or by any Person directly or indirectly controlling or controlled by the Company or under direct or indirect common control with the Companyany Subsidiary, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Harland Clarke Holdings Corp), Indenture (Harland Clarke Holdings Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, notice, waiver or consent, Notes owned by the Company, the Guarantor or by any Person directly Subsidiary or indirectly controlling any Affiliate of the Company or controlled by or under direct or indirect common control with the Company, shall Guarantor will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, notice, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Amphenol Corp /De/), Indenture (Amphenol Corp /De/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly Affiliate of the Company or indirectly controlling or controlled by or under direct or indirect common control with the Companyany Guarantor, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Carmike Cinemas Inc), Indenture (Carmike Cinemas Inc)
Treasury Notes. In determining whether the Holders Noteholders of the required principal amount Outstanding Principal Amount of the Notes have concurred in any direction, waiver or consent, Notes owned held or redeemed by the Company, Company or any other obligor upon the Notes or held by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which a corporate trust officer of the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Trust Indenture (Autobond Acceptance Corp), Trust Indenture (Autobond Acceptance Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Penton Media Inc), Indenture (Penton Media Inc)
Treasury Notes. In determining whether the Holders of the required principal amount Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that for which the Trustee knows are so owned has received an Officers’ Certificate from the Company or an Affiliate of the Company evidencing such ownership shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (7 Days Group Holdings LTD), Indenture (China Natural Gas, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyTrust, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyTrust, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Experience Management LLC), Indenture (Experience Management LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that as to which a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded. The Company shall notify the Trustee and the Holders in writing promptly upon the acquisition of any Notes by the Company or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company.
Appears in 2 contracts
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver waiver, consent or consentnotice, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which a Trust Officer of the Trustee knows are has been informed in writing by the Company to be so owned shall be so disregarded.so
Appears in 2 contracts
Sources: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Metropcs Communications Inc), Indenture (Metropcs Communications Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyCompany or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (World Acceptance Corp), Indenture (Liberty Global PLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany (including for the purposes of Section 9.2), shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Anc Rental Corp), Indenture (Anc Rental Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, the Guarantors, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee which a Responsible Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 2 contracts
Sources: Indenture (North Atlantic Trading Co Inc), Indenture (North Atlantic Trading Co Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Subsidiary of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Gannett Co., Inc.), Indenture Agreement (Delphi Automotive PLC)