Common use of Treasury Securities Clause in Contracts

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 58 contracts

Samples: Indenture (China Natural Resources Inc), Indenture (GTT Communications, Inc.), Indenture (Fusion Telecommunications International Inc)

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Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 41 contracts

Samples: Indenture (Inspire Veterinary Partners, Inc.), Indenture (RDE, Inc.), Indenture (Ispire Technology Inc.)

Treasury Securities. In determining whether the Holders of the required aggregate principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate of the Company shall be disregardedconsidered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that the which such Trustee actually knows are so owned shall be so disregarded.

Appears in 34 contracts

Samples: Subordinated Indenture (Precipio, Inc.), Senior Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 33 contracts

Samples: Indenture (Tigo Energy, Inc.), Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (Smart Sand, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 30 contracts

Samples: Indenture (Axcelis Technologies Inc), Indenture (Axcelis Technologies Inc), Indenture (Axcelis Technologies Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate of the Company shall be disregardedconsidered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that the which such Trustee actually knows are so owned shall be so disregarded.

Appears in 28 contracts

Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 11 contracts

Samples: Senior Indenture (Global Ship Lease, Inc.), Subordinated Indenture (Global Ship Lease, Inc.), Senior Indenture (Global Ship Lease, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 10 contracts

Samples: Subordinated Indenture (Mercantile Bank Corp), Indenture (First Guaranty Bancshares, Inc.), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver, consent or waiver notice, Securities of a Series owned by the Company or an Affiliate any of its Affiliates shall be disregardedconsidered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that which the Trustee actually knows are so owned shall be so disregardedconsidered.

Appears in 10 contracts

Samples: Subordinated Debt Securities Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company Issuer or an Affiliate of the Issuer shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 9 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Vantage Drilling (Malaysia) I Sdn. Bhd.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company Issuers or an any Affiliate of the Issuers shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 8 contracts

Samples: Indenture (Sunoco, LLC), Indenture (Landmark Infrastructure Finance Corp.), Indenture Agreement (Direct Fuels LLC)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 7 contracts

Samples: Subordinated Indenture (SFX Broadcasting Inc), Indenture (Mattel Inc /De/), Indenture (Nike Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Standex International Corp/De/), Indenture (Rc2 Corp), Indenture (Leap Wireless International Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate Issuer shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate Issuer shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Abc Naco Inc), Indenture (Idex Corp /De/), Indenture (Paramount Resources LTD)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (HMC Merger Corp), Indenture (CNL American Properties Fund Inc), Indenture (CNL American Properties Fund Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (Spectrum Pharmaceuticals Inc), Indenture (Vantage Drilling CO), Indenture (Vantage Drilling CO)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (electroCore, Inc.), Indenture (electroCore, Inc.), Indenture (Discovery Laboratories Inc /De/)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a such Series owned by the Company Company, or an Affiliate shall by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, will be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a such Series that the Trustee knows are so owned shall will be so disregarded.

Appears in 4 contracts

Samples: Indenture (Education Realty Trust, Inc.), Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series such series owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that series that the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Omnicare Inc), Indenture (NCS of Illinois Inc), Indenture (NCS of Illinois Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series series owned by the Company or an Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series series that the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Avon Products Inc), Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount Principal Amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series such series owned by the Company or any other obligor or an Affiliate of the Company or any other obligor shall be disregardedconsidered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that such series which the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series that series owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that series that the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series such series owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of that series that a Series that Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Lifepoint Health, Inc.), Indenture (West Virginia Management Services Organization, Inc.), Indenture (West Virginia Management Services Organization, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company Issuers or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a responsible officer in the Corporate Trust Office of the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company Issuer or an any Affiliate of the Issuer shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Indenture (Stone Energy Offshore, L.L.C.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Northwest Bancshares, Inc.), Subordinated Debt Indenture (Northwest Bancshares, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a such Series owned by the Company Company, or an by any Affiliate of the Company, shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a such Series that the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, notice, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, notice, direction, noticewaiver or consent, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (American Real Estate Finance Corp.), Indenture (American Real Estate Finance Corp.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate Issuer and its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Continental Airlines, Inc.), Indenture (United Air Lines Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Angel Oak Mortgage Operating Partnership, LP), Indenture (CatchMark Timber Trust, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series such series owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of that series that a Series that Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Ail Technologies Inc), Indenture (Ail Technologies Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Bryn Mawr Bank Corp), Indenture (Redwood Trust Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company Company, any Guarantor or an Affiliate of any of them shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that which the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (R&b Falcon Corp), Indenture (R&b Falcon Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (STR Holdings, Inc.), Indenture (HMH Properties Inc)

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Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (CFM v R Tesco Inc), Indenture (Lucent Technologies Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company Issuers, any Guarantor or an any Affiliate of the Issuers or any Guarantor shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Daron Coal Company, LLC), Indenture (Daron Coal Company, LLC)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.shall

Appears in 1 contract

Samples: Senior Indenture (Beverly Enterprises Inc)

Treasury Securities. In determining whether the Holders of the required aggregate principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Shift Technologies, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.. 9

Appears in 1 contract

Samples: Indenture (ITUS Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Subordinated Indenture (Beverly Enterprises Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Senior Debt Indenture (Ameris Bancorp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company or an any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Tivo Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company Company, the Guarantor or an Affiliate any of their respective Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that which the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Devon Energy Corp/De)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that the Trustee a Responsible Officer knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (American Spectrum Realty Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Roadrunner Transportation Systems, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company Issuer or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Youbet Com Inc)

Treasury Securities. In determining whether the Holders of the required requisite principal amount of Securities of a any Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a such Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a such Series that which any Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (New York Telephone Co)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, notice, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company Partnership or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, notice, direction, noticewaiver or consent, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (America First Multifamily Investors, L.P.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series such series owned by the Company Issuer, any of its Subsidiaries or an Affiliate any of its respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of such series that a Series that Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Clean Harbors Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent waiver or waiver consent. Securities of a Series owned by the Company Company, the Guarantor or an Affiliate a Subsidiary shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: First Supplemental Indenture (Texaco Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company Issuer or an any Affiliate of the Issuer shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.. HN\1276805.5

Appears in 1 contract

Samples: Indenture (Phillips 66 Partners Lp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Visteon European Holdings, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver waiver, only Securities of a Series that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Wallace Computer Services Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Safeway Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company Issuer or an any Affiliate of the Issuer shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (CalAmp Corp.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver waiver, Securities of a Series owned by the Company Issuers or an any Affiliate of the Issuers shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Rentech Nitrogen Pasadena Holdings, LLC)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series any series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company Company, the Guarantor or an Affiliate of any of them shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Anadarko Petroleum Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, noticewaiver or consent, consent or waiver Securities of a Series owned by the Company or an Affiliate shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, noticewaiver or consent, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Windmere Durable Holdings Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any request, demand, authorization, direction, notice, consent or waiver Securities of a Series owned by the Company Issuers or an Affiliate of the Issuers shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver only Securities of a Series that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Usa Inc)

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