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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 173 contracts

Samples: Indenture (W&t Offshore Inc), Indenture (Venture Global, Inc.), Indenture (Post Holdings, 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 Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 81 contracts

Samples: Indenture (Primo Brands Corp), Indenture (Sunoco LP), Indenture (Holly Energy Partners Lp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 35 contracts

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

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 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 Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned 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 Company or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned 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 of a Series have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 Company Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 12 contracts

Samples: Indenture (Calumet, Inc. /DE), Indenture (Calumet, Inc. /DE), Indenture (Herbalife 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 Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 12 contracts

Samples: Indenture (Archrock, Inc.), Indenture (Antero Midstream Corp), Indenture (Sitio Royalties 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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will shall be so disregarded.

Appears in 12 contracts

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

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will 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 any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 11 contracts

Samples: Indenture (Vistra Corp.), Indenture (Vistra Corp.), Indenture (Vistra 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 Company, by any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.

Appears in 10 contracts

Samples: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will Affiliate thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 (Ironton Iron Inc), Indenture (Dole Food Co Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will shall be so disregarded.

Appears in 9 contracts

Samples: Indenture (Highwaymaster Corp), Indenture (Cinemark Usa Inc /Tx), Indenture (Orbital Imaging Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will shall be so disregarded.

Appears in 9 contracts

Samples: Indenture (Saxon Capital Inc), Indenture (360networks Inc), Indenture (Gni Group Inc /De/)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, Guarantor will be considered as though disregarded and deemed not to be outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 9 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 8 contracts

Samples: Indenture (Neomarkers Inc), Indenture (Hughes Supply Inc), Indenture (Central Garden & Pet Company)

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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 8 contracts

Samples: Indenture (Polypore International, Inc.), Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee a Responsible Officer knows are so owned 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 Issuers or 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, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 7 contracts

Samples: Indenture (Par Pacific Holdings, Inc.), Indenture (Par Pacific Holdings, Inc.), Indenture (CVR 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are to be so owned will shall be so disregardedconsidered as not outstanding.

Appears in 7 contracts

Samples: Indenture (Atlantic Express Transportation Corp), Indenture (Clark Material Handling Co), Indenture (Fitzgeralds 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 Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 6 contracts

Samples: Indenture (Alpha Natural Resources, Inc.), Indenture (Alpha Natural Resources, Inc.), Indenture (Walter 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that with respect to which a Responsible Officer of the Trustee knows are has received written notice as being so owned at the Corporate Trust Office of the Trustee will be so disregarded.

Appears in 5 contracts

Samples: Indenture (DIEBOLD NIXDORF, Inc), Indenture (Adient PLC), Indenture (Adient 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 Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Pitney Bowes Inc /De/), Indenture (Pitney Bowes Inc /De/), Indenture (Taylor Morrison Home 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 Company, any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, Subsidiary Guarantor will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned will be so disregarded.

Appears in 5 contracts

Samples: Securities Purchase Agreement, Supplemental Indenture, Securities Purchase Agreement

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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 Company any Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company any Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned will be so disregarded.

Appears in 4 contracts

Samples: Indenture (CSI Compressco LP), Indenture (CSI Compressco LP), Indenture (Tetra 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 or any Guarantor, or by any Person person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 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 direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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, waiver or consent, Notes owned by the Company an Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company an Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 4 contracts

Samples: Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP), Indenture (Tallgrass Energy Partners, LP)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company any Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company any Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 4 contracts

Samples: Indenture (Pebblebrook Hotel Trust), Indenture (NGL Energy Partners LP), Indenture (NGL Energy 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 or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 4 contracts

Samples: Senior Indenture (Airgate PCS Inc /De/), Indenture (St Louis Gaming Co), Subordinated Indenture (Airgate PCS Inc /De/)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company an Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 4 contracts

Samples: Indenture (Express Parent LLC), Indenture (Hughes Communications, Inc.), Indenture (HNS Finance Corp.)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any GuarantorCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 4 contracts

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

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 Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee will 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 will be so disregarded.

Appears in 4 contracts

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

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or an Issuer, by any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will shall be so disregarded.

Appears in 4 contracts

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

Treasury Notes. In determining whether the Holders of the required principal amount or Aggregate Accreted Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will 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, request, demand, authorization, notice, waiver or consentconsent pursuant to this Indenture, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee Trustees will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows Trustees know are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorGuarantor 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 Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 any Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company any Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Issuers or any GuarantorGuarantors, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuers or any GuarantorGuarantors, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: First Supplemental Indenture (Peabody Energy Corp), 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 or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are so owned 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, request, demand, authorization, notice, waiver or consentconsent pursuant to this Indenture, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (Greenfire Resources Ltd.), Indenture (Greenfire Resources Ltd.), Indenture

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 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 Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (California Resources Corp), Indenture (California Resources Corp), Indenture (Pacific Drilling S.A.)

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, any Guarantor or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, Guarantor will be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (Continental Airlines Inc /De/), Indenture (United Air Lines Inc), Indenture (United Air Lines 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 Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (Endo, Inc.), Indenture (Endo International PLC), Indenture (Endo Health Solutions 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), Indenture (Superior Energy 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 Issuer or any GuarantorGuarantor (if any), or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any GuarantorGuarantor (if any), will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 3 contracts

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

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by any Issuer, the Company or any Guarantor, 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 or any Guarantor, will Guarantor shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will shall be so disregarded.

Appears in 3 contracts

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

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor(including for the purposes of Section 9.2), will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will 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 of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or Company, any Guarantor, Guarantor or by any Person directly other obligor upon the Notes or indirectly controlling or controlled by or under direct or indirect common control with any Affiliate of the Company Company, any Guarantor or any Guarantorsuch obligor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such notice, direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Aerojet Ordnance Tennessee Inc), Indenture (Medvest Holdings 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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will 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 Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee and the Registrar will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows and the Registrar know are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Twist Beauty S.a r.l. & Partners S.C.A.), Indenture (Orion Engineered Carbons S.a r.l.)

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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such notice, direction, waiver or consent, only Notes that the Trustee knows are so owned will 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, the Guarantors, or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will of their respective Affiliates shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 or any GuarantorSubsidiary, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorSubsidiary, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Harland Clarke Holdings Corp), Indenture (Harland Clarke Holdings Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, notice, waiver or consent, Notes owned by the Company Company, the Guarantor or any Guarantor, Subsidiary or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, the Guarantor will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 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 or any GuarantorCompanies, or by any Person directly Subsidiary or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any GuarantorCompanies, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will 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 will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Amerco /Nv/), Indenture (Sac Holding Corp)

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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will shall be considered as though disregarded and deemed not outstandingto be Outstanding, except that for the purposes of that, in determining whether the Trustee will 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 will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Mindspeed Technologies, Inc), Indenture (Infocrossing 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 either Issuer or 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, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials 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 Company, any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee actually knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Forcenergy Inc), Indenture (Forcenergy 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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregardedconsidered as though not outstanding.

Appears in 2 contracts

Samples: First Supplemental Indenture (Celestica Inc), Third Supplemental Indenture (Celestica 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 Company, any GuarantorAffiliates of the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, the Principal or a Related Party will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (DISH Network CORP), Indenture (SNR Wireless LicenseCo, LLC)

Treasury Notes. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are to be so owned will shall be so disregardedconsidered.

Appears in 2 contracts

Samples: Indenture (Trenwick Group Inc), Indenture (Trenwick Group Inc)

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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will of its Subsidiaries shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that which the Trustee actually knows are so owned will shall be so disregardedconsidered.

Appears in 2 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (MDC 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying conclusively on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned 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 notes have concurred in any direction, waiver or consent, Notes notes owned by the Company Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes notes that the Trustee knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Gogo Inc.), Indenture (Gogo 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 direction, waiver or consent, Notes owned by the Company Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee 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 will be so disregarded.

Appears in 2 contracts

Samples: Indenture (StoneX Group Inc.), Indenture (Intl Fcstone 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 or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver direction or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Worldcom Inc), Indenture (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 or any GuarantorGuarantors, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorGuarantors, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned 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 waiver, vote or consent, Notes owned by the Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver waiver, vote or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Castle a M & Co), 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 any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that for which the Trustee knows are so owned will 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), Indenture (China Natural Gas, Inc.)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorTrust, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorTrust, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will 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 Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or Company, any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are so owned will 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 or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded. SECTION 210.

Appears in 1 contract

Samples: Indenture (Aztar 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 any GuarantorAuthority, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any GuarantorAuthority, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Indenture (Chukchansi Economic Development Authority)

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