Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 16 contracts
Samples: Indenture, Indenture (Cascades Inc), Indenture
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any an Affiliate of the Company, 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, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 14 contracts
Samples: Indenture (Peregrine Systems Inc), Indenture (NTL Communications Corp), Indenture (Echostar Communications Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee actually knows are so owned shall be so disregarded.
Appears in 6 contracts
Samples: Indenture (Coinstar Inc), Supplemental Indenture (Istar Financial Inc), Indenture (Fleming Companies Inc /Ok/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Indenture (St Louis Gaming Co), Senior Indenture (Airgate PCS Inc /De/), Indenture (Argosy Gaming Co)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Affiliate of the Company, thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee a Responsible Officer actually knows are to be so owned shall be so disregardedconsidered.
Appears in 4 contracts
Samples: Indenture (United Community Banks Inc), Indenture (Printpack Inc), Indenture (United Community Banks Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any an Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are has been informed of by the Company as being so owned shall be so disregarded.
Appears in 4 contracts
Samples: Indenture (Houston Exploration Co), Credit Agreement (Massic Tool Mold & Die Inc), Indenture (Massic Tool Mold & Die Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Indenture (NextWave Wireless LLC), Non Recourse Secured Notes Indenture (NextWave Wireless LLC), Indenture (NextWave Wireless LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, including, without limitation, for purposes of Section 9.02, Notes owned by the Company, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Note Purchase Agreement (Merrill Corp), Indenture (Condor Systems Inc), Indenture (Merrill Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Indenture (MTR Gaming Group Inc), Indenture (Radiologix Inc), Indenture (Radiologix Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Indenture (Armstrong World Industries Inc), Indenture (Armstrong World Industries Inc), Indenture (Armstrong World Industries Inc)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Subsidiary or Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Metromedia Fiber Network Inc), Indenture (Metromedia Fiber Network Inc)
Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that as to which a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, a Guarantor, if any, or by any Affiliate of the CompanyCompany or a Guarantor, if any, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee which a Trust Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 2 contracts
Samples: Indenture (Prime Hospitality Corp), Indenture (Prime Hospitality Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, including, without limitation, for purposes of Section 9.02 hereof, Notes owned by the Company, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, shall not be considered as though not outstandingOutstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Subordinated Indenture (Airgate PCS Inc /De/), Senior Indenture (Airgate PCS Inc /De/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the CompanyCo-Issuers, or by any Affiliate of the CompanyCo-Issuers, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Dollarama CORP), Indenture (General Growth Properties Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the a Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Imperial Credit Industries Inc), Indenture (Imperial Credit Industries Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, any of the Subsidiary Guarantors or by any Affiliate of the CompanyCompany or any of the Subsidiary Guarantors, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Dawson Production Services Inc), Indenture (Taylor Companies Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, and for purposes of Section 3.07(a), Notes owned by the Company, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 1 contract
Samples: Indenture (National Coal Corp)
Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Cinemark Inc)
Treasury Notes. In determining whether the Holders Noteholders of the required principal amount Outstanding Principal Amount of the Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned held or redeemed by the Company, Company or any other obligor upon the Notes or held by any an Affiliate of the Company, Company or such other obligor shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that which a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that as to which a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Lomak Petroleum Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Affiliate of the Company, Company shall be considered as though not outstandingout- standing, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the a Trustee knows are to be so owned shall be so disregardedconsidered as not outstanding.
Appears in 1 contract
Samples: Indenture (Archibald Candy Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the CompanyHoldings, or by any Affiliate of the Company, Holdings shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.of
Appears in 1 contract
Samples: Indenture (Ap Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any an Affiliate of the Company, 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, amendment, supplement, waiver or consent, only Notes that the Trustee which a Responsible Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 1 contract
Samples: Indenture (Huntsman Polymers Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes or any fraction owned by the Company, any Guarantor or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Rayovac Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, by any Guarantor, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the a Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded. Notwithstanding Section 316(a) of the TIA, Notes held by Affiliates of the Company shall not be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, a Guarantor or by any Affiliate of the Company, thereof shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee a Responsible Officer actually knows are to be so owned shall be so disregardedconsidered.
Appears in 1 contract
Samples: Indenture (Caraustar Industries Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Affiliate of the CompanyCompany (other than Notes owned by any Initial Holders or their Affiliates, which shall be considered outstanding for such purposes) shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered as not outstanding.
Appears in 1 contract
Samples: Indenture (Archibald Candy Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, any Subsidiary Guarantor or by any Affiliate of the CompanyCompany or any Subsidiary Guarantor, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplementnotice, waiver or consent, Notes owned by the Company, Company or by any an Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplementnotice, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregardedconsidered.
Appears in 1 contract
Samples: Indenture (PPC Publishing Corp)
Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any an Affiliate of the Company, 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, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Bridge Loan Agreement (NTL Inc /De/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, Company or by any Affiliate Affiliates of the Company, Company shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Astor Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the CompanySFC, or by any Affiliate of the CompanySFC, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (S&c Holdco 3 Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any an Affiliate of the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Trustee has been informed of by the Trustee knows are Company as being so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (KSL Recreation Group Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Company, or by any an Affiliate of the Company, shall will be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.
Appears in 1 contract
Samples: Indenture (Compton Petroleum Corp)