Treasury Securities. 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 any Affiliate of the Company shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.
Appears in 10 contracts
Samples: Indenture (Vesta Insurance Group Inc), Junior Subordinated Indenture (New South Capital Trust I), Indenture (Bankboston Capital Trust Iii)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company its Affiliates shall be considered as though not outstandingdisregarded, except that for purposes the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 9 contracts
Samples: Indenture (Southern Natural Gas Co), Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Transcontinental Gas Pipe Line Corp)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver waiver, consent or consentnotice, Securities owned by the Company or any Affiliate of the Company its Subsidiaries shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considered.
Appears in 9 contracts
Samples: Indenture (MDC Holdings Inc), Indenture (Key Production Co Inc), Indenture (MDC Holdings Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver waiver, consent or consentnotice, Securities owned by the Company Company, the Guarantors or any Affiliate of the Company their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considered.
Appears in 8 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (HPH Homebuilders 2000 Lp), Indenture (Horton D R Inc /De/)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company its Affiliates 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows or has reason to be know are so owned shall be so considereddisregarded.
Appears in 7 contracts
Samples: Indenture (Unifi Communications Inc), Indenture (Cai Wireless Systems Inc), Indenture (Metals Usa Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities 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 Company, 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to are so owned will be so owned shall be so considereddisregarded.
Appears in 7 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Equinix Inc), Indenture (Equinix Inc)
Treasury Securities. In determining whether the holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 6 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Tel Save Holdings Inc)
Treasury Securities. 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 any Affiliate of the Company shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.
Appears in 6 contracts
Samples: Indenture (Trenwick Capital Trust I), Indenture (Webster Financial Corp), Indenture (Berkley W R Capital Trust)
Treasury Securities. In determining whether the holders Securityholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 5 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Treasury Securities. 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 any Affiliate of the Company shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.
Appears in 5 contracts
Samples: Indenture (Bank of Boston Corp), Indenture (Bank of Boston Corp), Indenture (Bancfirst Corp /Ok/)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any of its Subsidiaries or any Affiliate of the Company their respective Affiliates 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows or has reason to be know are so owned shall be so considereddisregarded.
Appears in 4 contracts
Samples: Indenture (Pacer Express Inc), Indenture (Quality Distribution Inc), Indenture (MTL Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of any series have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considered.
Appears in 4 contracts
Samples: Indenture (Owens Illinois Group Inc), Indenture (Advanced Micro Devices Inc), Indenture (Firstmiss Gold Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or any Affiliate of the Company their respective Affiliates shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.
Appears in 4 contracts
Samples: Indenture (Comforce Corp), Indenture (Comforce Corp), Indenture (Atlas Air Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Guarantor or any an Affiliate of the Company any of them shall be considered as though not outstandingdisregarded, except that for purposes the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 4 contracts
Samples: Indenture (Environmental Procedures Inc), Indenture (Pure Resources Inc), Indenture (Tuboscope Inc /De/)
Treasury Securities. In determining whether the holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 4 contracts
Samples: Indenture (HMT Technology Corp), Indenture (Coeur D Alene Mines Corp), Indenture (Swift Energy Co)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, a Subsidiary 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 3 contracts
Samples: Indenture (Barrett Resources Corp), Indenture (Barrett Resources Corp), Indenture (Newfield Exploration Co /De/)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Guarantor or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 3 contracts
Samples: Indenture (Gothic Energy Corp), Indenture (Gothic Energy Corp), Indenture (Gothic Energy Corp)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Corporation or any an Affiliate of the Company Corporation shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 3 contracts
Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Subsidiary Guarantor or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 3 contracts
Samples: Indenture (Chesapeake Energy Corp), Indenture (Plains Resources Inc), Indenture (Plains Resources Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver waiver, consent or consentnotice, Securities owned by the Company Issuer, the Guarantors or any Affiliate of the Company their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considered.
Appears in 3 contracts
Samples: Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 3 contracts
Samples: Indenture (Clark Refining & Marketing Inc), Indenture (Western Gas Resources Inc), Indenture (Clark Usa Inc /De/)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company (whether directly or by or through the Depository) shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.
Appears in 2 contracts
Samples: Indenture (Key Energy Group Inc), Indenture (Key Energy Group Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Guarantor or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 2 contracts
Samples: Indenture (National Energy Group Inc), Indenture (National Energy Group Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be fully protected in conclusively relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considereddisregarded.
Appears in 2 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of any series have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considered.
Appears in 2 contracts
Samples: Indenture (Advanced Micro Devices Inc), Indenture (Advanced Micro Devices Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities securities of any series have concurred in any direction, waiver or consent, Securities securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee securities which such trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 2 contracts
Samples: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Treasury Securities. In determining whether the holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 2 contracts
Samples: Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Subsidiary Guarantor or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.,
Appears in 2 contracts
Samples: Indenture (Chesapeake Gas Development Corp), Indenture (Chesapeake Gas Development Corp)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver waiver, consent or consentnotice, Securities owned by the Company Company, the Guarantor or any Affiliate of the Company their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considered.
Appears in 2 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (Centene Corp)
Treasury Securities. In determining whether the holders Holders of the required Accreted Value or principal amount amount, as the case may be, of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or 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 outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (Duane Reade Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, any Subsidiary of 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, waiver or consent, only Securities that which a Responsible Officer of Trustee has been advised in writing by the Trustee actually knows to be Company or the Holder are so owned shall be so considereddisregarded.
Appears in 1 contract
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the 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, waiver or consent, only Securities that a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (Dart Group Corp)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any of its Subsidiaries or any Affiliate of the Company its respective Affiliates 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows or has reason to be know are so owned shall be so considereddisregarded.
Appears in 1 contract
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Subsidiary Guarantors, or any Affiliate of the Company their respective Affiliates shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.
Appears in 1 contract
Samples: Indenture (H R Window Supply Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount number of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of either Series have concurred in any direction, waiver or consent, Securities 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, waiver or consent, only Securities of such Series that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (Danaher Corp /De/)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver waiver, consent or consentnotice, Securities owned by the Company or any Affiliate of the Company its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considered.
Appears in 1 contract
Samples: Indenture (Affirm Holdings, Inc.)
Treasury Securities. 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 any Affiliate of the Company shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (American Business Financial Services Inc /De/)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities 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 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be knows, without investigation by the Trustee, are so owned shall be so considereddisregarded.
Appears in 1 contract
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company its Affiliates 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, waiver or consent, only Securities that a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Treasury Securities. In determining whether the holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company 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 Company, 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, waiver or consent, only Securities that a Responsible Trust Officer of the Trustee actually knows to are so owned will be so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (Rent a Center Inc De)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities 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, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company its Affiliates 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded. Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.
Appears in 1 contract
Samples: Indenture (Netscout Systems Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company its Affiliates shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.Securities
Appears in 1 contract
Treasury Securities. In determining whether the holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows to be are so owned shall be so consideredconsidered as not outstanding.
Appears in 1 contract
Samples: Indenture (Swift Energy Co)
Treasury Securities. In determining whether the holders ------------------- Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (NTL Inc /De/)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows to be are so owned shall be so considereddisregarded.
Appears in 1 contract
Samples: Indenture (Synetic Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any Affiliate of the Company its Affiliates 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, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be are so owned shall be so considereddisregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Samples: Indenture (Leslies Poolmart Inc)
Treasury Securities. In determining whether the holders Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Corporation or any Affiliate of the Company Corporation shall be considered as though not outstanding, except that for purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows to be so owned shall be so considered.
Appears in 1 contract
Treasury Securities. In determining whether the holders Holder of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or any an Affiliate of the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that with respect to which a Responsible Trust Officer of the Trustee actually knows to be so receives an Officers' Certificate certifying that such Securities are owned by the Company or an Affiliate shall be so considereddisregarded.
Appears in 1 contract
Samples: Form 8 A
