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 Issuers or any Affiliate of the Issuers, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 13 contracts

Samples: Supplemental Indenture (Park Hotels & Resorts Inc.), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (Park Hotels & Resorts 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 Issuers or any Affiliate of Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the IssuersIssuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned 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 Issuers Issuer, or by any Affiliate of the IssuersIssuer, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 11 contracts

Samples: Indenture (Cumulus Media Inc), Second Lien Intercreditor Agreement (Entercom Communications Corp), Indenture (Communications Sales & Leasing, 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 Issuers Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows has been informed in writing are so owned will shall be so disregarded.

Appears in 11 contracts

Samples: Indenture (OHI Healthcare Properties Limited Partnership), Indenture (Omega Healthcare Investors Inc), Omega Healthcare Investors Inc

Treasury Notes. In determining whether the Holders Noteholders of the required principal amount requisite percentage of Notes the Outstanding Note Balance have concurred in any direction, waiver or consent, Notes owned held or redeemed by the Issuers Issuer or any held by an Affiliate of the Issuers, will 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 that which a Responsible Officer of the Indenture Trustee knows are so owned will shall be so disregarded.

Appears in 10 contracts

Samples: Indenture (Diamond Resorts International, Inc.), Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (Diamond Resorts 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 Issuers Issuers, or by any Affiliate of Person directly or indirectly controlled by or under direct or indirect common control with the Issuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will shall be so disregarded.

Appears in 10 contracts

Samples: Tenth Supplemental Indenture (Cco Holdings LLC), Eighth Supplemental Indenture (Cco Holdings LLC), Indenture (Cco Holdings LLC)

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

Appears in 10 contracts

Samples: Supplemental Indenture (Herbalife Ltd.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Treasury Notes. In determining whether the Holders Noteholders of the required principal amount Outstanding Principal Amount of the Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer, any other obligor upon the Notes or any an Affiliate of the Issuers, will Issuer shall be considered as though not outstandingOutstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee which a Responsible Officer actually knows are so owned will shall be so disregarded.

Appears in 8 contracts

Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC), Insurance Agreement (Ikon Receivables 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 Issuers Issuer, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the IssuersIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 8 contracts

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

Appears in 8 contracts

Samples: Indenture (Ventas Inc), Ventas Inc, Ventas 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 Issuers Company or any Affiliate of the Issuers, will its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver waiver, consent or consentnotice, only Notes that which a Trust Officer of the Trustee actually knows are so owned will shall be so disregardedconsidered.

Appears in 7 contracts

Samples: Indenture (Terex Corp), Indenture (Wellman North America Inc), Indenture (Terex 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 Issuers or any Affiliate of the Issuers, will Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will shall be so disregarded.

Appears in 7 contracts

Samples: Supplemental Indenture (Wyndham Hotels & Resorts, Inc.), Indenture (Wyndham Worldwide Corp), First Supplemental Indenture (Wyndham Hotels & Resorts, Inc.)

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

Appears in 7 contracts

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

Appears in 7 contracts

Samples: Indenture (Brookfield Property REIT Inc.), Funding Guarantor (U.S. Shipping Partners L.P.), Cablevision Systems Corp /Ny

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Parent, or by any Affiliate of the IssuersParent, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 7 contracts

Samples: Indenture (OUTFRONT Media Inc.), Indenture (OUTFRONT Media Inc.), Indenture (OUTFRONT 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 Issuers Company or any Affiliate of the Issuers, will Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the a Trustee knows are to be so owned will shall be so disregardedconsidered as not outstanding.

Appears in 7 contracts

Samples: Indenture (American Restaurant Group Inc), Indenture (Atlantic Express Transportation Corp), Indenture (Clark Material Handling Co)

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 Issuers Issuer or any an Affiliate of the Issuers, will Issuer shall be considered as though not outstandingdisregarded, except that for for, the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, waiver notice, consent or consentwaiver, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 7 contracts

Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Alere Inc.)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Issuers Issuer, or by any Affiliate of the IssuersIssuer, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (GameStop Corp.), Indenture (GameStop Corp.), Indenture (GameStop 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 Issuers Issuer or any Guarantor, or by any Affiliate of the IssuersIssuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee a Trust Officer knows are so owned will be so disregarded.

Appears in 6 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement, www.shelfdrilling.com

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (MGM Resorts International)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Affiliate of its Affiliates or held or maintained in the IssuersDisputed Claims Reserve, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows has actual knowledge are so owned will shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Comdisco Holding Co Inc), Comdisco Holding Co Inc, Comdisco Holding Co Inc

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any Notice, direction, waiver or consent, Notes owned by the Issuers Company, or by any Affiliate of the IssuersCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such Notice, direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 6 contracts

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

Appears in 6 contracts

Samples: Credit Agreement (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 Issuers or any Affiliate of the Issuers, will their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

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

Appears in 5 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Holdings Capital Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Affiliate of the Issuers, will Issuers shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are to be so owned will shall be so disregardedconsidered as not outstanding.

Appears in 5 contracts

Samples: Indenture (Majestic Investor Capital Corp), Indenture (Majestic Star Casino LLC), Pledge and Security Agreement (Majestic Investor Capital Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Issuers Issuer or any Affiliate a Subsidiary of the IssuersIssuer, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 5 contracts

Samples: Collateral Agreement (Arconic Corp), Intercreditor Agreement (Arconic Inc.), Intercreditor Agreement (Arconic Rolled Products 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 Issuers Issuer or any Affiliate of Guarantor, or by any Person directly or indirectly controlled by the IssuersIssuer or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 5 contracts

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

Appears in 5 contracts

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

Appears in 4 contracts

Samples: Indenture (Express Parent LLC), Indenture (American Casino & Entertainment Properties LLC), Supplemental Indenture (Hughes 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 Issuers Company or any Affiliate of the Issuersits Affiliates, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 4 contracts

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

Appears in 4 contracts

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

Appears in 4 contracts

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

Appears in 4 contracts

Samples: Indenture (Delek Logistics Partners, LP), Indenture (Tallgrass Energy Partners, LP), Delek Logistics 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 Issuers Company or any Affiliate of the IssuersCompany, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 4 contracts

Samples: Supplemental Indenture (CyrusOne Inc.), Supplemental Indenture (CyrusOne Inc.), Indenture (CyrusOne 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 Issuers Issuer or by any Affiliate of the Issuers, will Issuer shall be considered as though not outstandingOutstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline 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 Issuers Issuer or by any Affiliate of the Issuers, will Issuer shall be considered as though not outstandingOutstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (TGT Pipeline LLC), Indenture (Boardwalk Pipelines Lp), Indenture (Boardwalk Pipeline 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 Issuers any Issuer or Guarantor, or by any Affiliate of the IssuersPerson directly or indirectly controlling or controlled by or under direct or indirect common control with any Issuer or Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned 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 Issuers Issuer or any Affiliate of the Issuers, will Issuer shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are to be so owned will shall be so disregardedconsidered as not outstanding.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Centrus Energy Corp), Security Agreement (United States Enrichment Corp), Usec 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 Issuers Issuer or any Affiliate of the IssuersGuarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), 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 Issuers Operating Partnership or any Affiliate of the IssuersOperating Partnership, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP), Supplemental Indenture (QTS Realty Trust, Inc.)

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

Appears in 3 contracts

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

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver direction or consent, Notes owned by the Issuers Issuer, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the IssuersIssuer, will be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver direction 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 (Sears Holdings Corp), Indenture (Sears Holdings Corp), Indenture (Sears 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 Xxxxxxx, the Issuers Issuer or any a Subsidiary of Xxxxxxx, or by an Affiliate of the Issuersany of these Persons, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: Supplemental Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum 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 Issuers either Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 3 contracts

Samples: Subordination Agreement (Universal City Development Partners LTD), Universal City Travel Partners, Universal City Travel Partners

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

Appears in 3 contracts

Samples: Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp), Indenture (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 Issuers Company or any Affiliate of the Issuers, will a Subsidiary thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Westinghouse Air Brake Technologies Corp), Trinity Industries Inc, Trinity Marine Products, 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 Issuers Issuer, or by any Affiliate of the IssuersIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that shown on the Trustee knows are so register maintained by the Registrar as being owned will by the Issuer, or by an Affiliate of the Issuer shall be so disregarded.

Appears in 3 contracts

Samples: ESAB Corp, Supplemental Indenture (Esterline Technologies Corp), Supplemental Indenture (Greif Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consentconsent under this Indenture, Notes owned by the Issuers Issuer, the Company, or by any Affiliate of the IssuersCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Dana Inc), Dana Inc, Indenture (Dana Inc)

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

Appears in 3 contracts

Samples: Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Supplemental 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 Issuers Issuer or any Affiliate of the Issuersits Subsidiaries, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Symbion Inc/Tn), Usp Mission Hills, Inc., Select Specialty Hospital Topeka Inc

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any declaration of acceleration or notice of default or direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, the Notes owned by the Issuers Company or any an Affiliate of the Issuers, will Company shall be considered disregarded as though they were not outstanding, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Affiliate of the IssuersIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Xenia Hotels & Resorts, Inc.), Supplemental Indenture (Xenia Hotels & Resorts, Inc.)

Treasury Notes. In determining whether the Holders Noteholders of the required principal amount of Notes Outstanding Note Balance have concurred in any direction, waiver or consent, Notes owned held or redeemed by the Issuers Issuer or any held by an Affiliate of the Issuers, will 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 that which a Responsible Officer of the Indenture Trustee knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Diamond Resorts Parent, LLC), Indenture (Diamond Resorts Parent, 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 Issuers or any Affiliate of the Issuers, will their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Supplemental Indenture (Vantiv, Inc.), info.vantiv.com

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Smurfit WestRock PLC), Supplemental Indenture (Smurfit WestRock 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 held by the Issuers Issuer or any Affiliate of its Subsidiaries, or by any Person directly or indirectly controlled by the IssuersIssuer or any of its Subsidiaries, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (Nathans Famous Inc), Nathans Famous 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 Issuers Company or by any Affiliate of the IssuersCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 2 contracts

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

Appears in 2 contracts

Samples: Indenture (Broadcom Cayman L.P.), Indenture (Broadcom 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 Issuers Issuer or by any Affiliate of the Issuers, will thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or of consent, only Notes that a Responsible Officer of the Trustee knows are so owned will or has been notified are so owned shall be so disregarded.

Appears in 2 contracts

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

Appears in 2 contracts

Samples: North Atlantic Drilling Ltd., North Atlantic Drilling Ltd.

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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 Issuers Issuer or any Affiliate of the IssuersIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust)

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

Appears in 2 contracts

Samples: Indenture (Radio One, Inc.), Nexstar Broadcasting 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 Issuers Company or any Affiliate of the Issuers, will its Subsidiaries shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which 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 Issuers Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Ply Gem Holdings Inc), Ply Gem 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 Issuers or any Affiliate Guarantor, or by any of the Issuerstheir respective Affiliates, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.

Appears in 2 contracts

Samples: Interface Security Systems, L.L.C., Interface Security Systems 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 either of the Issuers or any Affiliate of the Issuers, will Issuers shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which a Responsible Officer of the Trustee knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Amerigas Partners Lp, U S Timberlands Co 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 Issuers Company, or any Affiliate of the Issuersits Affiliates, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Ames True Temper, Inc.), Ames True Temper, 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 Issuers Co-Issuers, or by any Affiliate of the Co-Issuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Dollarama CORP, General Growth Properties 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 Issuers Issuer or any Affiliate of the Issuers, will their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 2 contracts

Samples: Article Twelve (Navios Maritime Holdings Inc.), Article Twelve (Navios Maritime 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 Issuers Revel, or any Affiliate of the Issuerstheir Affiliates, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows has written confirmation from a Responsible Officer that are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Revel Entertainment Group, 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 Issuers or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Houghton Mifflin Finance, Inc.

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or by any Affiliate of the Issuers, will Issuers shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that shown on the Trustee knows are so Note Register as being owned will shall be so disregarded.

Appears in 1 contract

Samples: APT Sunshine State LLC

Treasury Notes. In determining whether the Holders of the required principal amount Initial Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Affiliate of the Issuersits Subsidiaries, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Supplemental Indenture (Symbion Inc/Tn)

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

Appears in 1 contract

Samples: Indenture (Extraction Oil & Gas, 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 Issuers any Issuer or any Guarantor or by any Affiliate of the Issuers, will any Issuer or any Guarantor shall be considered as though deemed not to be outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Mobile Storage 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 Issuers Parent or any Affiliate Subsidiary of the IssuersParent, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Intercreditor Agreement (Evraz North America 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 Issuers Company or any an Affiliate of the Issuers, will thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 1 contract

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

Appears in 1 contract

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

Appears in 1 contract

Samples: Intercreditor Agreement (Summit Midstream 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 either of the Issuers or any Affiliate of either of the Issuers, will Issuers shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are to be so owned will shall be so disregardedconsidered as not outstanding.

Appears in 1 contract

Samples: Intercreditor Agreement (Peninsula 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 Issuers Issuer or any Affiliate of the IssuersIssuer (but excluding any Excluded Person, will unless such exclusion is prohibited by applicable law) shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are to be so owned will shall be so disregardedconsidered as not outstanding.

Appears in 1 contract

Samples: Indenture (Majestic Holdco, 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 Issuers Issuer or any Guarantor, or by any Affiliate of the IssuersIssuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Security and Pledge Agreement (Intl Fcstone 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 either of the Issuers or any an Affiliate of the Issuers, will Issuers shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: NTL Communications Corp

Treasury Notes. In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Nortek 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 Issuers any Issuer or any Guarantor or by any Affiliate of the Issuers, an Issuer or any Guarantor will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee a Trust Officer actually knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Indenture (Lennar Corp /New/)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes of a specific series have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuers, or by any Affiliate of the Issuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: 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 Issuers Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Interline (Interline Brands, Inc./De)

Treasury Notes. In determining whether the Holders Noteholders of the required principal amount requisite percentage of the Outstanding Notes have concurred in any direction, waiver or consent, Notes owned held or redeemed by the Issuers Issuer or any held by an Affiliate of the Issuers, will 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 that which a Responsible Officer of the Indenture Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Encore Capital Group Inc

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

Appears in 1 contract

Samples: Indenture (Midamerican Energy Holdings Co /New/)

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

Appears in 1 contract

Samples: Sba Communications 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 Issuers Issuer or any Affiliate of the Issuers, will its Af filiates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Cpi Holdco Inc

Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Affiliate of the Issuers, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Nortek Holdings Inc

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Issuers Issuers, or by any Affiliate of the Issuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Supplemental Indenture (Penn Virginia Resource Partners L P)

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 Issuers Company or any Affiliate of the Issuers, will its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which a Trust Officer of the Trustee actually knows are so owned will shall be so disregardedconsidered.

Appears in 1 contract

Samples: HCC Industries International

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuers, or by any Affiliate of the Issuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that the Trustee actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: 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 Issuers Issuer or any Guarantor, or by any Affiliate of the IssuersIssuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.. Section 2.10

Appears in 1 contract

Samples: Indenture (StoneX Group Inc.)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Issuers an Issuer, or by any Affiliate of the Issuersan Issuer, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned will shall be so disregarded.

Appears in 1 contract

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

Appears in 1 contract

Samples: Indenture (TWC Holding Corp.)

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