Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 25 contracts
Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 19 contracts
Samples: Indenture (Huntsman CORP), Settlement Agreement (Huntsman CORP), Indenture (Huntsman International LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 17 contracts
Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 11 contracts
Samples: Indenture (CPS Department Stores Inc /De), Indenture (McRaes Stores Partnership), Indenture (Saks Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers' Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.
Appears in 9 contracts
Samples: Euro Indenture (MDCP Acquisitions I), Indenture (Versatel Telecom International N V), Dollar Indenture (MDCP Acquisitions I)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 9 contracts
Samples: Indenture (XCL LTD), Indenture (California Steel Industries Inc), Indenture (Young America Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 8 contracts
Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any Affiliate of its Affiliates the Company, shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it the Company or any of its Affiliates repurchases or otherwise acquires Notes, of Notes and the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 7 contracts
Samples: Indenture (Playa Hotels & Resorts N.V.), Indenture (Playa Hotels & Resorts B.V.), Indenture (Vail Resorts Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 7 contracts
Samples: Indenture (Kinetic Concepts Inc /Tx/), Indenture (Kci New Technologies Inc), Indenture (Atc Group Services Inc /De/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are has been informed in writing by the Company to be so owned shall be so considered. The Company shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 7 contracts
Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company any Issuer or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Each Issuer shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 6 contracts
Samples: Indenture (Mediacom Broadband Corp), Indenture (Mediacom Broadband Corp), Indenture (Mediacom Capital Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may request and the Trustee shall be entitled to rely thereon.
Appears in 6 contracts
Samples: Indenture (Vista Eyecare Inc), Indenture (National Vision Inc), Indenture (Roadhouse Grill Inc)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 6 contracts
Samples: Indenture (Spincycle Inc), Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Affiliate of its Affiliates the Issuer 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 5 contracts
Samples: Indenture (Williams Scotsman Inc), Indenture (Abraxas Petroleum Corp), Indenture (Mobile Field Office Co)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 5 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Verio Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company LNR or any an Affiliate of its Affiliates LNR 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 which a Trust Officer of the Trustee actually knows are has been informed in writing by LNR to be so owned shall be so considered. The Company LNR shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 4 contracts
Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp), Indenture (LNR Property Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, the Guarantors or any of its their respective 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 4 contracts
Samples: Indenture (Tokheim Corp), Indenture (Management Solutins Inc/), Indenture (Tokheim Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, any Guarantor or any of its their respective 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 4 contracts
Samples: Indenture (Nationsrent Inc), Indenture (Landmark Theatre Corp), Indenture (Aerosol Services Co Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 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 which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 3 contracts
Samples: Indenture (Jacobs Entertainment Inc), Indenture (New Pier Operating Co Inc), Indenture (Raceland Truck Plaza & Casino LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any of its their 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it they or any of its their Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 3 contracts
Samples: Indenture (3055854 Nova Scotia Co), Indenture (NSP Holdings Capital Corp.), Indenture (Norcross Capital Corp)
Treasury Notes. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates Subsidiaries shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates Subsidiaries repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate, which shall be promptly provided, listing Notes owned by the Company or any of its Subsidiaries.
Appears in 3 contracts
Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)
Treasury Notes. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company Issuer or any of its Affiliates Subsidiaries shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company Issuer shall notify the Trustee, in writing, when it or any of its Affiliates Subsidiaries repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate, which shall be promptly provided, listing Notes owned by the Issuer or any of its Subsidiaries.
Appears in 3 contracts
Samples: Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises LTD)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any an Affiliate of its Affiliates the 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or they or, to their knowledge, any of its their Affiliates repurchases repurchase or otherwise acquires acquire Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 2 contracts
Samples: Indenture (Canadian Abraxas Petroleum LTD), Indenture (Canadian Abraxas Petroleum LTD)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired. If the Company or any of its Affiliates acquire any Initial Notes or Additional Notes, the Company shall not resell or transfer, and shall cause its Affiliate not to resell or transfer, any such Notes.
Appears in 2 contracts
Samples: Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any of its their 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 2 contracts
Samples: Indenture (Stonemor Partners Lp), Indenture (Stonemor Partners Lp)
Treasury Notes. In determining whether the Holders of the -------------- required principal amount at maturity of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount at maturity of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers' Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.
Appears in 2 contracts
Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiveramendment, consent supplement, waiver or noticeconsent, Notes owned by the Company Company, or by any of its Affiliates Affiliate, 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, amendment, supplement, waiver or consent, only Notes which a Trust Officer that have been identified to the Trustee in writing as owned by the Company or an Affiliate of the Trustee actually knows are so owned Company shall be so considereddisregarded. The Company shall notify the Trustee, Trustee in writing, when it or any of its Affiliates Affiliate repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 2 contracts
Samples: Indenture (Pacific Aerospace & Electronics Inc), Indenture (Air Rental Supply Inc)
Treasury Notes. In determining whether the Holders of the -------------- required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers' Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.
Appears in 2 contracts
Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or either of them or, to their knowledge, any of its their Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 2 contracts
Samples: Indenture (Magnum Hunter Resources Inc), Indenture (Magnum Hunter Resources Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.
Appears in 2 contracts
Samples: Dollar Indenture (JSG Acquisitions I), Euro Indenture (JSG Acquisitions I)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate 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 which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 2 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any of its their 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 which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 2 contracts
Samples: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)
Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount at maturity of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 2 contracts
Samples: Indenture (Universal Compression Inc), Indenture (Universal Compression Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver waiver, consent or consentnotice, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it the Company or any of its Affiliates repurchases or otherwise acquires Notes, of Notes and the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 2 contracts
Samples: Indenture (Telehub Communications Corp), Indenture (Synthetic Industries Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired. If the Company or any of its Affiliates acquire any Initial Notes or Additional Notes, the Company will not resell or transfer, and will cause its Affiliate not to resell or transfer, any such Notes.
Appears in 2 contracts
Samples: Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate shall be considered as though they are not outstandingout- standing, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Tioxide Americas Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract
Samples: Indenture (Standard Commercial Corp)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to the Company's knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Cellnet Data Systems Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any an Affiliate of its Affiliates the 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or either of them or, to their knowledge, any of its their Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract
Samples: Indenture (Abraxas Petroleum Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Affiliate of its Affiliates the Issuer 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract
Samples: Indenture (Pahc Holdings Corp)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred con- curred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Upon request of the Trustee, the Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Alestra)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Panamsat Corp /New/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Lennar or any an Affiliate of its Affiliates Lennar 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 which a Trust Officer of the Trustee actually knows are has been informed in writing by Lennar to be so owned shall be so considered. The Company Lennar shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract
Samples: Indenture (Lennar Corp /New/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company any Obligor, or any of 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Ameristar Casinos Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it the Company or any of its Affiliates repurchases or otherwise acquires Notes, of Notes and the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Baker J Inc)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining 47 -39- whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract
Samples: Indenture (Railworks Corp)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Affiliate of its Affiliates the Issuer 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 which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, or any of 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Stuart Entertainment Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent consent, notice, appointment or noticedeclaration of an Event of Default, Notes owned by the Company or any of its Affiliates (other than Mxxxxx Pxxxxxxxx) 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates Subsidiaries shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates Subsidiaries repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate, which shall be promptly provided, listing Notes owned by the Company or any of its Subsidiaries.
Appears in 1 contract
Samples: Indenture (Votorantim Cimentos S.A.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 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 which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount Accreted Value of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount Accreted Value of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Alta One Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstandingout- standing, except that for the purposes of determining whether the Trustee shall be protected in relying on any such directiondirec- tion, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Af- filiate of its Affiliates the Issuer 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract
Samples: Indenture (Standard Commercial Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are 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 which that a Trust Officer of the Trustee actually knows are so owned by the Company or any of its Affiliates shall be so considereddisregarded. The Company shall promptly notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Nbty Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 41 -41- 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.
Appears in 1 contract
Samples: Indenture (Info Usa)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any an Affiliate of its Affiliates the 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.
Appears in 1 contract