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 Petrochemical Finance Co), Indenture (Huntsman International LLC), 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 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 (Saks Inc), Indenture (Verio Inc), Indenture (Wam Net 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: Execution Copy (Preem Holdings Ab Publ), Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V)
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 8 contracts
Samples: Indenture (XCL LTD), Indenture (California Steel Industries Inc), Indenture (Penn National Gaming 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), Healthsouth Corp, Healthsouth 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 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 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/), Atc Group Services Inc /De/, 3003969 Nova Scotia LTD
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: Playa Hotels & Resorts N.V., 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 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 (Penhall Co), Financing and Security Agreement (Kimberton Enterprises 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 (RCN Corp /De/), RCN Corp /De/, RCN Corp /De/
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), Saks Inc, 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 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 writingwriting (which notice shall constitute actual notice for purposes of the foregoing sentence), 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: Pledge Agreement (Coinmach Service Corp), Coinmach Laundry Corp, Appliance Warehouse of America 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 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: Williams Scotsman (Williams Scotsman Inc), Indenture (Abraxas Petroleum Corp), Indenture (Southwest Royalties 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 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: Registration Rights Agreement (Management Solutins Inc/), Management Solutins Inc/, 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: Outsourcing Services (Aerosol Services Co Inc), Neff Corp, Landmark Theatre 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 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.. ARTICLE TEN
Appears in 4 contracts
Samples: Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband (Mediacom Broadband Corp), Mediacom 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 of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, any Subsidiary 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 3 contracts
Samples: Federal Data Corp /Fa/, Tracor Inc /De, Koppers 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 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), Defaults and Remedies (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 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 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: Telehub Communications Corp, Synthetic Industries 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 (Air Rental Supply Inc), Pacific Aerospace & Electronics 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 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: Priority Intercreditor Agreement (Trump Indiana Inc), Security Agreement and Fixture Filing (Trump Indiana 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 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 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 2 contracts
Samples: Mediacom Communications Corp, Mediacom Broadband Corp
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 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
Samples: Collins & Aikman Floor Coverings 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: Baker J Inc
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 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 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 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 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: Cellnet Data Systems 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 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: 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 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. SECTION 2.10.
Appears in 1 contract
Samples: Ameristar Casinos 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: 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 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: Stuart Entertainment 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 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: Panamsat Corp /New/
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
Samples: Caprock Communications Corp