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: Supplemental Indenture (SM Energy Co), Indenture (Continental Resources, Inc), Intercreditor Agreement (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 166 contracts
Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Viper Energy Partners LP), Indenture (Global Crossing Airlines 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 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 68 contracts
Samples: Indenture (TransDigm Group INC), Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive 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: Supplemental 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: Supplemental Indenture (Warner Music Group Corp.), Refinancing Agreement (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
Samples: Indenture (H&E Equipment Services, Inc.), Indenture (Emergent BioSolutions Inc.), Paying Agent (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 (Metaldyne Corp), Trico Marine Services (Trico Marine Services 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 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 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 32 contracts
Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunnova Energy 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 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 (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 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 26 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Rithm Capital Corp.), 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: Twenty Fifth Supplemental Indenture (Cco Holdings LLC), Twenty Fourth Supplemental Indenture (Cco Holdings LLC), Twenty Second 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), 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: Supplemental Indenture (American Airlines, Inc.), Indenture (American Airlines, Inc.), Supplemental 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 (Bonanza Creek Energy, Inc.), Supplemental Indenture (Melco Resorts & 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 the a Trustee knows are so owned shall be so disregarded.
Appears in 19 contracts
Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), Americredit Corp, 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 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 Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), 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/), Charter Communications Inc /Mo/
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
Samples: Execution Version, Indenture (Cascades Inc), www.cascades.com
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: Circus and Eldorado Joint (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), Intercreditor Agreement (Goodrich Petroleum Corp)
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 13 contracts
Samples: Indenture (Vse Corp), Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading 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 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 13 contracts
Samples: Directing Holder (Wynn Resorts LTD), Signatures (Wynn Resorts LTD), Signatures (Wynn Las Vegas 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.
Appears in 12 contracts
Samples: Form of Indenture (Valimar Home & Land Company, LLC), Supplemental Indenture (Wci Communities Inc), Indenture (Florida Lifestyle Management 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 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, 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: Intercreditor Agreement (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Pledge Agreement (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 10 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Cenveo, 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
Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Digex 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 are so owned shall be so disregarded.
Appears in 9 contracts
Samples: Saxon Capital Inc, Covenants (360networks Inc), Indenture (Ipc Acquisition 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 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: Signatures (Spirit AeroSystems Holdings, Inc.), Signatures (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 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 (Orbital Imaging Corp), Indenture (Cinemark Inc), Highwaymaster 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 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: Subordination Agreement (Videotron Ltee), Subordination Agreement (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, 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 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: Supplemental Indenture (Carriage Services Inc), Indenture (Bristow Group Inc.), Indenture (Bristow Group 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 (Nexstar Finance Holdings LLC), Execution Copy (Firstworld 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 Companyan Issuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Issuer or, if the CompanyTIA is applicable to this Supplemental Indenture, to the extent required by the TIA, any person controlling an 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 8 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Sixth Supplemental Indenture (Charter Communications, Inc. /Mo/), Seventh Supplemental Indenture (Charter Communications, Inc. /Mo/)
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 (Neomarkers Inc), Indenture (Hughes Supply Inc), First Supplemental Indenture (Jarden 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 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.), Supplemental Indenture (Laredo Petroleum, Inc.), 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 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
Samples: Execution Copy (Coinstar Inc), Indenture (Thornburg Mortgage Inc), Indenture (Heritage Property Investment Limited Partnership)
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: Execution Version, Execution Version, 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
Samples: Supplemental Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), 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
Samples: Indenture (APW Supermarkets, Inc.), Indenture (Inex Corp), 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 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: Mortgage, Security Agreement (Titan International Inc), Mortgage, Security Agreement (Titan International Inc), Mortgage, Security Agreement (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 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: Chemtura Corporation (Chemtura CORP), Supplemental 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, 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, 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), Central Garden & Pet Co, 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, 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), Supplemental Indenture (Boyd Gaming 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
Samples: Supplemental Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Resource Partners, L.P.), 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 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), Windstream Services, LLC, 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, 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), Geo Group Inc
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: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)
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: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), 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, 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 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 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: Harrahs Operating Co Inc, Harrahs Entertainment Inc, Harrahs Entertainment Inc
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: Supplemental Indenture (Western Digital Corp), Western Digital Corp, 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 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
Samples: Indenture (NextWave Wireless LLC), Security Agreement (NextWave Wireless LLC), Assignment and Security Agreement (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 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: Collateral and Security Documents (Exide Technologies), Exide Technologies, 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 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 (Usx Corp), United States Steel 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 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, 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 (Beverly Enterprises Inc), Indenture (Interactive Voice Media (Sacramento) 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 (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: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)
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: Cellular Communications International Inc, Cellular Communications International Inc, Fine Host 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 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: Supplemental Indenture (Unifi Inc), Registration Rights Agreement (Greenbrier Companies Inc), K&f Industries 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
Samples: BRP (Luxembourg) 4 S.a.r.l., Dominos Pizza Government Services Division Inc, 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, 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 3 contracts
Samples: Pilgrims Pride Corp, Pilgrims Pride Corp, 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 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), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)
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
Samples: 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 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/), Amerco /Nv/
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. Section 2.10.
Appears in 2 contracts
Samples: Allegiant Travel CO, Allegiant Travel CO
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
Samples: Worldcom Inc, Worldcom 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
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: Forbearance Agreement (Lbi Media Holdings Inc), Supplemental Indenture (Lbi Media Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount proportion of Notes Units have concurred in any direction, waiver or consent, Notes owned by the Company, any other obligor upon the Notes or by any Person directly an Affiliate of the Company or indirectly controlling or controlled by or under direct or indirect common control with the Company, such obligor shall be considered as though not outstandingdisregarded (including for purposes of determining the number of outstanding Units); provided that, 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 so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Home Holdings Inc), Indenture (Home Holdings Inc)
Treasury Notes. (a) 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 Subsidiary thereof or indirectly controlling or by any other Affiliate controlled by or under direct or indirect common control with 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 the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Reeves Inc), Indenture (Reeves Industries 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 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 (7 Days Group Holdings LTD), 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
Samples: Indenture (Experience Management LLC), Experience Management LLC
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 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, 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, 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: Financing Agreement (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, 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
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, or by any Person directly Subsidiary 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 2 contracts
Samples: Metromedia Fiber Network Inc, Metromedia Fiber Network 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: 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 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: _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc)
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
Samples: Indenture (Orionnet Finance Corp), 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 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 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: Metropcs Communications Inc, Metropcs Communications Inc
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver waiver, vote 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 waiver, vote or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 2 contracts
Samples: Indenture (Castle a M & Co), Supplemental Indenture (Castle a M & 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, 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 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 (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions 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 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), 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 a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Telegroup Inc, Telegroup Inc
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any declaration of acceleration or notice of default or direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, the 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 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 (Cellstar Corp), Indenture (Cellstar 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, 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
Samples: Indenture (Gannett Co., Inc.), Supplemental Indenture (Delphi Automotive 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
Samples: Anc Rental Corp, 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, 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 (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 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 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
Samples: Harland Clarke Holdings Corp, Harland Clarke Holdings Corp