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 notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor shall be disregarded, except that, for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on Issuer, the Notes Co-Issuer or by any Affiliate of the Company Issuer or of such other obligor the Co-Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the such pledged Notes and that the pledgee is not the Company Issuer, the Co-Issuer or any other obligor on the Notes a Guarantor or any Affiliate of the Company Issuer, the Co-Issuer or of such other obligora Guarantor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuer or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor their Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee Trustee, actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required requisite principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes beneficially owned by the Company or any other obligor on the Notes Company, or by any Affiliate of the Company or of such other obligor Company, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the U.S. Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the U.S. Trustee actually knows are so owned shall be so disregarded. Notes so owned which that have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the U.S. Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company or any other obligor on under the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuers or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor their Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Issuers or any other obligor on upon the Notes or any Affiliate of the Company Issuers or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor shall be disregarded, except that, for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes and that the pledgee is not neither the Company or nor any other obligor on the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required requisite principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned Beneficially Owned by the Company or any other obligor on the Notes Partnership, or by any Affiliate of the Company or of such other obligor Partnership, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Partnership or any other obligor on upon the Notes or any Affiliate of the Company Partnership or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuers or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor their Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company an Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuers or of such other obligor.”

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Issuer, or by any Affiliate of Person directly or indirectly con- trolling or controlled by or under direct or indirect common control with the Company or of such other obligor Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of as the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes or any Affiliate of the Company or of such other obligorIssuer.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Issuers, or by any Affiliate of the Company or of such other obligor Issuers, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee and each Agent shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Registrar and the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Registrar and the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company an Issuer or any other obligor on upon the Notes or any Affiliate of the Company an Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any notice, direction, waiver or consent, Notes of a series owned by the Company or any other obligor on the Notes Issuers, or by any Affiliate of the Company or of such other obligor Issuers, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which of a series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes of a series so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes of a series and that the pledgee is not the Company an Issuer or any other obligor on upon the Notes of a series or any Affiliate of the Company an Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuer or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned owned, upon receipt of an Officer’s Certificate, shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on Issuer, the Notes Co-Issuer or by any Affiliate of the Company Issuer or of such other obligor the Co-Issuer shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the such pledged Notes and that the pledgee is not the Company Issuer, the Co-Issuer or any other obligor on the Notes a Guarantor or any Affiliate of the Company Issuer, the Co-Issuer or of such other obligora Guarantor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor on the Notes shall be disregarded, except that, for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right so to act with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Secured Notes have concurred in any notice, direction, waiver or consent, Secured Notes owned by the Company or any other obligor on the Notes Issuers, or by any Affiliate of the Company or of such other obligor Issuers, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Secured Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Secured Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Secured Notes and that the pledgee is not the Company an Issuer or any other obligor on upon the Secured Notes or any Affiliate of the Company an Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required requisite principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes beneficially owned by either Issuer or the Company or any other obligor on the Notes Company, or by any Affiliate of the Company or any of such other obligor them, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Issuer, the Co-Issuer, the Company or any other obligor on upon the Notes or any Affiliate of the Company any of them or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuer or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor its Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee Trustee, actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal Principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor shall be disregarded, except that, that for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right so to act with respect to the Notes and that the pledgee is not the Company or any other obligor on upon the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuers or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor their Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Issuers or any other obligor on upon the Notes or any Affiliate of the Company Issuers or of such other obligor.”

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Issuers, or by any Affiliate of the Company or of such other obligor Issuers, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee and each Agent shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Registrar and the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Registrar and the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company an Issuer or any other obligor on upon the Notes or any Affiliate of the Company an Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor shall be disregarded, except that, that for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right so to act with respect to the Notes and that the pledgee is not the Company or any other obligor on upon the Notes or any Affiliate of the Company or of such other obligor.. ARTICLE THREE

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Issuer, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or of such other obligor Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of as the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes Issuer or any Affiliate of the Company or of such other obligorIssuer.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate Subsidiary of the Company or of such other obligor shall be disregarded, except that, for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes or any Affiliate Subsidiary of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Issuer, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or of such other obligor Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of as the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes or any Affiliate of the Company or of such other obligorIssuer.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any noticedirection or consent or any amendment, direction, waiver modification or consentother change to this Indenture, Notes owned by the Company or any other obligor on the Notes Issuer or by any an Affiliate of the Company or of such other obligor Issuer shall be disregardeddisregarded and treated as if they were not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, only Notes which that a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which that have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the such pledgee’s right so to act with respect to the Notes and that the such pledgee is not the Company Issuer or any other obligor on the Notes or any an Affiliate of the Company or of such other obligorIssuer.

Treasury Notes. In determining whether the Holders of the required requisite principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Issuer, or by any Affiliate of the Company or of such other obligor Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of the Trustee actually knows may rely on the list of Holders it is required to maintain in accordance with Section 2.05 in determining what Notes are so owned shall be so disregardedowned. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of any Notes of any series have concurred in any notice, direction, waiver or consent, such Notes owned by the Company Issuers or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor their Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Any Notes of any series so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the such Notes and that the pledgee is not the Company Issuers or any other obligor on the upon such Notes or any Affiliate of the Company Issuers or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount Principal Amount at Maturity of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor shall be disregarded, except that, for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor shall be disregarded, except that, for purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which that have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes and that the pledgee is not the Company or any other obligor on the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required requisite principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes beneficially owned by the Company or any other obligor on Company, the Notes Corporate Issuer, or by any Affiliate of the Company or of such other obligor Issuers, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be fully protected in conclusively relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company Company, the Corporate Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuers or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Company, or any other obligor on the Notes Guarantor, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or of such other obligor shall Company, will be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall will be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of that the Trustee actually knows are so owned shall will be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the reasonable satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes and that the pledgee is not the Company Company, a Guarantor or any other obligor on the Notes or any Affiliate of the Company or of such other obligorthereof.

Treasury Notes. In determining whether the Holders of the required principal amount of a Series of Notes have concurred in any notice, direction, waiver or consent, Notes of a Series owned by the Company or any other obligor on the Notes Issuer, or by any Affiliate of the Company or of such other obligor Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes of such Series and that the pledgee is not the Company Issuer or any other obligor on upon the Notes of such Series or any Affiliate of the Company Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required requisite principal amount of a series of Notes have concurred in any notice, direction, waiver or consent, Notes of such series owned by the Company or any other obligor on the Notes Company, or by any Affiliate of the Company or of such other obligor Company, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which of such series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes of such series and that the pledgee is not the Company or any other obligor on upon the Notes of such series or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuer or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor its Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company an Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuer or of such other obligor.”

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Guarantor, or by any Affiliate of Person directly or indirectly controlling, or controlled by or under direct or indirect common control with the Company or of such other obligor shall any Guarantor, will be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall will be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of that the Company has so notified in writing the Trustee actually knows are so owned shall will be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes and that the pledgee is not the Company Company, a Guarantor or any other obligor on upon the Notes or any Affiliate of the Company Company, a Guarantor or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company ESH REIT or any other obligor on the Notes or by any Affiliate of the Company or of such other obligor its Affiliates shall be disregardeddisregarded as required by the Trust Indenture Act, 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 which that a Responsible Officer of the Trustee Trustee, actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company ESH REIT or any other obligor on upon the Notes or any Affiliate of the Company ESH REIT or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any notice, direction, waiver or consent, Notes of a series owned by the Company or any other obligor on the Notes Issuer, or by any Affiliate of the Company or of such other obligor Issuer, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which of a series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes of a series so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes of a series and that the pledgee is not the Company Issuer or any other obligor on upon the Notes of a series or any Affiliate of the Company Issuer or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Company, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or of such other obligor Company, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which a Responsible Officer of that the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee pledge establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waive its consent with respect to the Notes and that the pledgee is not the Company or any other obligor on of the Notes or any Affiliate of the Company or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuer or any other obligor on the Notes Guarantor, or by any Affiliate of the Company Issuer or of such other obligor shall any Guarantor, will be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company an Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuers or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company Issuer or any other obligor on the Notes Guarantor, or by any Affiliate of the Company Issuer or of such other obligor shall any Guarantor, will be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company an Issuer or any other obligor on upon the Notes or any Affiliate of the Company Issuers or of such other obligor.

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Company or any other obligor on the Notes Company, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with 41 the Company or of such other obligor Company, shall be disregardedconsidered as though not outstanding, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Notes which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right so to act deliver any such direction, waiver or consent with respect to the Notes and that the pledgee is not the Company or any other obligor on upon the Notes or any Affiliate of the Company or of such other obligor.