Treasury Notes. In determining whether the Noteholders of the required Outstanding Note Balance or the Adjusted Note Balance of the Notes have concurred in any direction, waiver or consent, Notes held or redeemed by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered as though not Outstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 18 contracts
Samples: Indenture (Bluegreen Vacations Holding Corp), Indenture (Bluegreen Vacations Holding Corp), Indenture (BBX Capital Corp)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consent, Notes held owned by an Issuer, or redeemed by any Person directly or indirectly controlled by or under direct or indirect common control with an Issuer or, if the TIA is applicable to this Indenture, to the extent required by the Issuer or TIA, any other obligor in respect of the Notes or held by person controlling an Affiliate of the Issuer or such other obligor Issuer, shall be considered as though not Outstandingoutstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 14 contracts
Samples: Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), Indenture (Charter Communications, Inc. /Mo/)
Treasury Notes. In determining whether the Noteholders of the required Outstanding Note Balance or the Adjusted Note Balance of the Notes have concurred in any direction, waiver or consent, Notes held or redeemed by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered as though not Outstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 13 contracts
Samples: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp), Third Amended and Restated Indenture (Bluegreen Corp)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consent, Notes held owned by an Issuer, by any Subsidiary Guarantor or redeemed by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer Partnership or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor Subsidiary Guarantor, shall be considered as though not Outstandingoutstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 12 contracts
Samples: Fifteenth Supplemental Indenture (Markwest Energy Partners L P), Thirteenth Supplemental Indenture (Markwest Energy Partners L P), Tenth Supplemental Indenture (Markwest Energy Partners L P)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consent, Notes held owned by an Issuer, or redeemed by any Person directly or indirectly controlled by or under direct or indirect common control with an Issuer or, if the TIA is applicable to this Supplemental Indenture, to the extent required by the Issuer or TIA, any other obligor in respect of the Notes or held by person controlling an Affiliate of the Issuer or such other obligor Issuer, shall be considered as though not Outstandingoutstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 8 contracts
Samples: Eighth Supplemental 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 Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consent, Notes held or redeemed owned by the Issuer Issuer, or by any other obligor in respect of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Notes or held by an Affiliate of the Issuer or such other obligor shall Issuer, will be considered as though not Outstandingoutstanding to the extent required in order to qualify this Indenture under the TIA, except that for the purposes of determining whether the Indenture Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall will be so disregarded.
Appears in 7 contracts
Samples: Indenture (Virgin Media Inc.), Indenture (Virgin Media Inc.), Indenture (Virgin Media Inc.)
Treasury Notes. In determining whether the Noteholders of the required Aggregate Outstanding Note Balance or the Adjusted Note Balance of the Notes have concurred in any direction, waiver or consent, Notes held or redeemed by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered as though not Outstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Omnibus Amendment (BBX Capital Corp), Omnibus Amendment (Bluegreen Vacations Corp), Indenture (Bluegreen Vacations Holding Corp)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the 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, Notes held or redeemed owned by the Issuer Company or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor Company shall be considered disregarded as though they were not Outstandingoutstanding, except that for the purposes of determining whether the Indenture 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 which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Indenture (Constellation Brands, Inc.), Indenture (Canandaigua B V), Indenture (SCV Epi Vineyards Inc)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the 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, Notes held or redeemed owned by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered disregarded as though they were not Outstandingoutstanding, except that for the purposes of determining whether the Indenture 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 which a Responsible Officer of that the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Jazztel PLC), Indenture (Telewest Communications PLC /New/)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, Notes held or redeemed owned by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered disregarded as though they were not Outstandingoutstanding, except that for the purposes of determining whether the Indenture 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 which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consent, the Initial Notes held or redeemed and the Exchange Notes shall be treated as a single class and any Notes owned by the Issuer Partnership, or by any other obligor in respect of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Notes or held by an Affiliate of the Issuer or such other obligor Partnership, shall be considered as though not Outstandingoutstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Noteholders of the required Outstanding Note Balance or the Adjusted Note Balance of the Notes have concurred in any direction, waiver or consent, Notes held or redeemed by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered as though not Outstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)
Treasury Notes. In determining whether the Noteholders Holders of -------------- the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, Notes held owned, directly or redeemed indirectly, by the Issuer Company or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor Company shall be considered disregarded as though they were not Outstandingoutstanding, except that for the purposes of determining whether the Indenture 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 which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Earthwatch Inc)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, Notes held owned, directly or redeemed indirectly, by the Issuer Company or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor Company shall be considered disregarded as though they were not Outstandingoutstanding, except that for the purposes of determining whether the Indenture 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 which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Noteholders of the required Outstanding Note Balance or of the Class A Notes and/or the required Adjusted Note Balance of the Class B Notes have concurred in any direction, waiver or consent, Notes held or redeemed by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered as though not Outstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in or consented to any direction, amendment, supplement, waiver or consent, Notes held or redeemed owned by the Issuer Company, a Guarantor or any other obligor in respect of upon the Notes or held by an any Affiliate of the Issuer Company, of a Guarantor or of such other obligor shall be disregarded and shall be considered as though not Outstandingoutstanding, except that for the purposes of determining whether the Indenture Trustee shall will be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes which a Responsible Officer of that the Indenture Trustee knows are so owned shall will be so disregarded.
Appears in 1 contract
Samples: Indenture (North American Pipe Corp)
Treasury Notes. In determining whether the Noteholders of the required Outstanding Note Balance or the Adjusted Note Balance of the a Class of Notes have concurred in any direction, waiver or consent, Notes held or redeemed by the Issuer or any other obligor in respect of the Notes or held by an Affiliate of the Issuer or such other obligor shall be considered as though not Outstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Responsible Officer of the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any direction, waiver or consent, Notes held or redeemed owned by the Issuer Issuers or any other obligor in respect of Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Notes Issuers or held by an Affiliate of the Issuer or such other obligor any Guarantor, shall be considered as though not Outstandingoutstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Responsible Officer of the Indenture Trustee knows has actual notice are so owned shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Noteholders Holders of the required Outstanding Note Balance or the Adjusted Note Balance principal amount of the Notes have concurred in any notice, direction, waiver or consent, Notes held or redeemed owned by the Issuer Issuers, any Guarantor or by any other obligor in respect of upon the Notes or held by an any Affiliate of the Issuer Issuers, any Guarantor or any such other obligor obligor, shall be considered as though not Outstandingoutstanding, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Indenture Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (CBD Media LLC)