Common use of Treasury Notes Clause in 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 the Trustee knows are so owned shall be so disregarded.

Appears in 222 contracts

Samples: Fifth Supplemental Indenture (SM Energy Co), Indenture (Continental Resources, Inc), Indenture (SM Energy Co)

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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 172 contracts

Samples: Indenture (Venture Global, Inc.), Indenture (Post Holdings, Inc.), 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 80 contracts

Samples: Indenture (Sunoco LP), Indenture (Holly Energy Partners Lp), Indenture (Sunoco 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 69 contracts

Samples: 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 60 contracts

Samples: Indenture (CVR Energy Inc), Indenture (Civitas Resources, Inc.), Indenture (Civitas 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 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

Samples: 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 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 39 contracts

Samples: Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.), 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 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

Samples: 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

Samples: 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 35 contracts

Samples: 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 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 32 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Uniti Group Inc.), Indenture (Service Properties Trust)

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 28 contracts

Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, 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 24 contracts

Samples: 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, 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 21 contracts

Samples: Supplemental Indenture (BALL Corp), Fifteenth 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 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 20 contracts

Samples: Indenture (American Airlines, Inc.), Indenture (American Airlines, Inc.), Indenture (Callon Petroleum 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 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

Samples: 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

Samples: Indenture (Americredit Corp), Indenture (L 3 Communications Holdings Inc), Indenture (L-3 Communications Cincinnati Electronics 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, 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 19 contracts

Samples: Indenture (JBS S.A.), Indenture (JBS S.A.), Indenture (JBS Holding Luxembourg S.A R.L.)

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

Samples: 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

Samples: 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, 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

Samples: 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, 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

Samples: 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 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

Samples: 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

Samples: Indenture (Wci Communities Inc), Indenture (Valimar Home & Land Company, LLC), Indenture (Wci Communities 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

Samples: 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, 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

Samples: 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, 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

Samples: Indenture (Anchor Glass Container Corp /New), Indenture (Dole Food Company Inc), Indenture (Davis-Standard CORP)

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

Samples: 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 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 9 contracts

Samples: Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, 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, 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

Samples: Indenture (Quebecor Media Inc), Indenture (Videotron Ltee), 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 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

Samples: Indenture (Louisiana Ship Inc), Indenture (Cinemark Usa Inc /Tx), Indenture (Highwaymaster 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

Samples: Second Supplemental Indenture (Lear Corp), First 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 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

Samples: 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 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

Samples: Indenture (Saxon Capital Inc), Indenture (Ipc Acquisition Corp), Indenture (Covad Communications 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, 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

Samples: Indenture (Hughes Supply Inc), Indenture (Neomarkers Inc), Indenture (Neighborcare Inc)

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

Samples: Indenture (Polypore International, Inc.), Indenture (Crown Castle International Corp), Indenture (Sealy 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 the Trustee a Responsible Officer knows are so owned shall will be so disregarded.

Appears in 8 contracts

Samples: 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 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

Samples: Indenture (APW Supermarkets, Inc.), Indenture (Pillowtex Corp), Indenture (Amcraft Building Products Co 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 6 contracts

Samples: 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, 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

Samples: 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 knows are so owned shall be so disregarded.

Appears in 6 contracts

Samples: 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, 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

Samples: 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 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

Samples: 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 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

Samples: 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 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

Samples: 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 knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: 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, 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

Samples: 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 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 5 contracts

Samples: Indenture (Calpine Corp), 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 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

Samples: Indenture, Indenture, Indenture

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

Samples: Sixth Supplemental Indenture (Metropcs Communications Inc), Fifth 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 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

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications 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 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

Samples: 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, 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

Samples: 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, 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

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Treasury Notes. In determining whether the Holders of the required principal amount or Aggregate Accreted 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 4 contracts

Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower 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 Responsible Officer of the Trustee knows has been notified in writing are so owned shall be so disregarded.

Appears in 4 contracts

Samples: 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 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

Samples: Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Resource Partners, L.P.), First Supplemental Indenture (Atlas Energy Resources, 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 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

Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (Usx 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

Samples: 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, 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

Samples: 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, 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

Samples: Indenture (Unifi Inc), Indenture (Greenbrier Companies Inc), Indenture (K&f Industries Inc)

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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

Samples: 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 Companyeither Issuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, either Issuer 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

Samples: Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Inc/ Ca)

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

Samples: 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, 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

Samples: Indenture (Southern Star Central Corp), Indenture (Interactive Voice Media (Sacramento) Corp.), Indenture (Beverly Enterprises 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 a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Exide Technologies), Indenture (Poindexter J B & Co Inc), Indenture (Exide Technologies)

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

Samples: 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, 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

Samples: 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 request, demand, authorization, direction, notice, consent or 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, an Affiliate 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, notice, consent or waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Entertainment 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

Samples: First Supplemental Indenture (Phillips 66 Partners Lp), Third Supplemental Indenture (Phillips 66 Partners Lp), Second 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 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

Samples: Indenture (BRP (Luxembourg) 4 S.a.r.l.), Indenture (Dominos Pizza Government Services Division Inc), Indenture (Dominos 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. 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

Samples: Indenture (Amerco /Nv/), Indenture (Amerco /Nv/)

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

Samples: 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 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

Samples: Indenture (China Natural Gas, Inc.), Indenture (7 Days Group Holdings 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 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

Samples: 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 CompanyCompany or any Guarantors, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantors, 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

Samples: First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody 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, 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 for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Northwest Pipeline Corp), Indenture (Williams 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 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

Samples: 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

Samples: 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, 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

Samples: Indenture (Casino Magic of Louisiana Corp), Indenture (Coast Resorts 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 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 the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Icf Kaiser International Inc), Indenture (Systems Applications 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 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

Samples: Indenture (Lbi Media Holdings Inc), Indenture (Lbi Media Holdings Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, 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 notice, direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Emcore Corp), Indenture (Emcore 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 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 a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Autonation Inc /Fl), Indenture (Wallace Bill Enterprises Inc)

Treasury Notes. In determining whether the Holders of the required requisite principal amount of Outstanding Notes have concurred in given any request, demand, authorization, direction, notice, consent or waiver or consenthereunder, 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 disregarded and deemed not outstandingto be Outstanding, except that for the purposes of that, in determining whether the Trustee shall be protected in relying on upon any such request, demand, authorization, direction, waiver notice, consent or consentwaiver, only such Notes that of which the Trustee knows has received written notice and are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Infocrossing Inc), Indenture (Mindspeed 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 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

Samples: 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

Samples: 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 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

Samples: Indenture (Carmike Cinemas Inc), Indenture (Carmike Cinemas 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 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

Samples: Indenture (Anc Rental Corp), Indenture (Anc Rental Corp)

Treasury Notes. In determining whether the Holders of the required principal amount Value 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 2 contracts

Samples: Indenture (Transamerican Refining Corp), Indenture (Transamerican Refining 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 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

Samples: 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 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

Samples: 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, of its Affiliates shall be considered as though not outstandingdisregarded, 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 which the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Isp Holdings Inc), Indenture (Isp 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, any Affiliates of 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 2 contracts

Samples: Indenture (Apparel Holding Corp.), Indenture (Apparel Holding 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 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 Trust Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Telegroup Inc), Indenture (Telegroup 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

Samples: 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

Samples: Indenture (Penton Media Inc), Indenture (Penton 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 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

Samples: 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, 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

Samples: 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, waiver or consent, Notes owned by the Company, 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 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 actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Forcenergy Inc), Indenture (Forcenergy Inc)

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