Common use of Treasury Securities Disregarded for Certain Purposes Clause in Contracts

Treasury Securities Disregarded for Certain Purposes. In determining whether the Holders of the required Principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate shall be disregarded and deemed not to be outstanding, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded. Securities 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 to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the Company or any other obligor upon the Securities or any Affiliate of the Company or of such other obligor.

Appears in 4 contracts

Samples: Indenture (Sunopta Inc), Hecla Mining Co/De/, United States Telecommunications Inc/Fl

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Treasury Securities Disregarded for Certain Purposes. In determining whether the Holders of the required Principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate shall be disregarded and deemed not to be outstanding, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded. Securities 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 to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the Company or any other obligor upon the Securities or any Affiliate of the Company or of such other obligor.

Appears in 1 contract

Samples: Indenture (LKQ Corp)

Treasury Securities Disregarded for Certain Purposes. In determining whether the Holders of the required Principal amount of Securities have concurred in any direction, waiver waiver, or consent, Securities owned by the Company or an Affiliate shall any of its Affiliates will be disregarded and deemed not to be outstanding, except that, for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver waiver, or consent, only Securities which that the Trustee knows are so owned shall will be so disregarded. Securities so owned which that have been pledged in good faith shall will not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's ’s right to deliver any such direction, waiver waiver, or consent with respect to the Securities and that the pledgee is not the Company or any other obligor upon the Securities or any Affiliate of the Company or of such other obligor.

Appears in 1 contract

Samples: Trust Indenture (Aerovias Nacionales De Colombia S.A. Avianca)

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Treasury Securities Disregarded for Certain Purposes. In determining whether the Holders of the required Principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate shall be disregarded and deemed not to be outstanding, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded. Securities 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 to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the Company or any other obligor upon with respect to the Securities or any Affiliate of the Company or of such other obligor.

Appears in 1 contract

Samples: Indenture (Deeproot Growth Runs Deep Fund, LLC)

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