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 an Affiliate shall be disregarded, 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.
Appears in 30 contracts
Samples: Indenture (Cable Design Technologies Corp), Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.)
Treasury Securities. In determining whether the 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 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 direction, waiver or consent, only Securities which the 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 have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, 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 Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 15 contracts
Samples: Tia Indenture (Sun Healthcare Group Inc), Financing Agreement (Big 5 Corp /Ca/), Tia Indenture (Sun Healthcare Group 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 an 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.
Appears in 14 contracts
Samples: Indenture (Multiband Corp), Indenture (Twin Cities Power Holdings, LLC), Indenture (Twin Cities Power Holdings, LLC)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, 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 Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 10 contracts
Samples: Indenture (Pricellular Corp), Indenture and Assumption Agreement (Centennial Cellular Corp), Price Communications 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 or an 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 10 contracts
Samples: Indenture (Vesta Insurance Group Inc), Indenture (New South Capital Trust I), Indenture (Madison Bancshares Group LTD)
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 an Affiliate any of its Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 9 contracts
Samples: Indenture (Southern Natural Gas Co), Indenture (Transcontinental Gas Pipe Line Corp), Indenture (El Paso Natural Gas Co)
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 Company, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 7 contracts
Samples: Covenants (Encompass Services Corp), Building One Services Corp, Building One Services Corp
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, 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 Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 7 contracts
Samples: Indenture (Efm Programming Inc), Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network 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 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 direction, waiver or consent, only Securities which that the Trustee knows are so owned shall will be so disregarded.
Appears in 7 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Tetralogic Pharmaceuticals Corp), Equinix 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 Issuer or an Affiliate any of its Affiliates shall be disregarded, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 7 contracts
Samples: Indenture (LEM America, Inc), Indenture (Warner Alliance Music Inc), Indenture (Warner Music Group Corp.)
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 an Affiliate any of its Affiliates shall be disregarded, 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 which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 7 contracts
Samples: Indenture (Metals Usa Inc), Indenture (RSC Duval Inc), Indenture (Cai Wireless Systems 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 an 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 direction, waiver or consent, only Securities which that the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 6 contracts
Samples: Indenture (Webster Financial Corp), Indenture (Berkley W R Capital Trust), Orion Capital Corp
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 an Affiliate any of its Affiliates shall be disregarded, 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 which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 6 contracts
Samples: Indenture (Hermes Europe Railtel B V), Indenture (Global Telesystems Europe B V), Hermes Europe Railtel B V
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 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 direction, waiver or consent, only Securities which the Trustee a Trust Officer knows are so owned shall be so disregarded.
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, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, 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 Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 5 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al), Execution Copy (Getty Images 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 an Affiliate of the Company shall be disregarded, 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 which that the Trustee knows are so owned shall be so disregarded.
Appears in 5 contracts
Samples: Doe Run Resources Corp, Renco Steel Holdings Inc, Wci Steel 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 an 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 direction, waiver or consent, only Securities which the that a Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 5 contracts
Samples: Indenture (First Usa Inc), Indenture (Bank of Boston Corp), Indenture (Continucare Corp)
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 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 direction, waiver or consent, only Securities which the Trustee a Trust Officer knows are so owned shall be so disregarded.
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 request, demand, authorization, notice, direction, waiver or consent, Securities owned by the Company or an by any Affiliate of the Company 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, notice, direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 5 contracts
Samples: Indenture (Jakks Pacific Inc), Indenture (Jakks Pacific Inc), Indenture (BGC Partners, Inc.)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Company, any Guarantor and Affiliates of the Company, or an Affiliate of any Guarantor shall be disregarded, 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 Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 5 contracts
Samples: Tia Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
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 an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities for which the Trustee knows has received an Officers' Certificate stating that such Securities are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Wisconsin Electric Power Co, Wisconsin Electric Power Co, Wisconsin Gas Co
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuers, any Guarantor and Affiliates of the Issuers or an Affiliate of any Guarantor shall be disregarded, 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 Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Venture Service Co)
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 Company, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 4 contracts
Samples: MTL Inc, Pacer Express Inc, Quality Distribution 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 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 direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Indenture (Environmental Procedures Inc), Indenture (Pure Resources Inc), Indenture (Fiber Glass Systems Lp)
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 Parent, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Indenture (Asap Software Express Inc), Indenture (Buhrmann Nederland B.V.), Indenture (Moore Labels 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 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 direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Indenture (HMT Technology Corp), Indenture (Komag Inc /De/), Coeur D Alene Mines Corp
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 Company, or an Affiliate any of their respective Affiliates 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 direction, waiver or consent, only Securities which the Trustee a Responsible Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 4 contracts
Samples: Indenture (Comforce Corp), Atlas Air Inc, Atlas Air Inc
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuers or an Affiliate Affiliates of either of the Issuers shall be disregarded, 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 Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 4 contracts
Samples: Financing Agreement (Waterford Gaming Finance Corp), Indenture (Waterford Gaming LLC), Financing Agreement (Waterford Gaming LLC)
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 Issuers, any of their 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Quality Distribution Inc, Quality Distribution Inc, Quality Distribution 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, a Subsidiary or by any Affiliate of 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 direction, waiver or consent, only Securities which that the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Newfield Exploration Co /De/, Barrett Resources Corp, Barrett Resources Corp
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 Company, any Subsidiary Guarantor 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 direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Chesapeake Energy Corp, Plains Resources Inc, Plains Resources 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 an Affiliate shall be disregarded, 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 actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Alpharma Inc, Alpharma Inc, Cable Design Technologies Corp
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 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 direction, waiver or consent, only Securities which the that a Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Indenture (Clark Refining & Marketing Inc), Execution Copy (Western Gas Resources Inc), Indenture (Clark Usa Inc /De/)
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 Company, the Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Indenture (Color Spot Nurseries Inc), Unifrax Investment Corp, Color Spot Nurseries 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 an Affiliate any of its Affiliates shall be disregarded, 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 which that the Trustee knows has received notice are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 3 contracts
Samples: Indenture (Autotote Corp), Indenture (Scientific Games Corp), Autotote Corp
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 Issuers, any of their Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that a Responsible Officer of the Trustee knows has Actual Knowledge are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Progress Rail Services (Progress Rail Services, Inc.), RPP Capital Corp, RPP Capital Corp
Treasury Securities. In determining whether the Holders of the required principal amount of the Securities have concurred in any request, demand, authorization, direction, notice, consent or waiver or consent, the Securities 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 or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)
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 Company, any Guarantor 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 direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Pledge Agreement (Gothic Energy Corp), Gothic Energy Corp, Gothic Energy Corp
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 Corporation or an Affiliate of the Corporation 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 direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset 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 an Affiliate any of its Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Samples: Execution Copy (Building Materials Corp of America), Indenture (BMCA Quakertown Inc.), Execution (Building Materials Corp of America)
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 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 direction, waiver or consent, only Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Treasury Securities. In determining whether the Holders of the required principal amount Principal Amount at Maturity of Securities have concurred in any direction, waiver or consent, Securities owned by either of the Company Issuers, any Subsidiary Guarantor or an Affiliate any of their respective Affiliates shall be disregarded, 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 that the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Frontiervision Holdings Capital Ii Corp, Frontiervision Holdings Capital Corp
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuers or an Affiliate Affiliates of the Issuers shall be disregarded, 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 Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Centennial Communications Corp /De, Centennial Communications Corp /De
Treasury Securities. In determining whether the Holders of the required principal Principal amount of Securities have concurred in any declaration of acceleration or notice of default or direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, the Securities owned by the Company or an Affiliate of the Company shall be disregardeddisregarded as though they were not outstanding, 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 which that the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Ibf Vi Guaranteed Income Fund), Ibf Vi Guaranteed Income Fund
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 an any Affiliate of the Company shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be fully protected in conclusively relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services 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 an Affiliate shall be disregarded, 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 a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Coastal Bancorp Inc, East West Bancorp Capital Trust I
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, 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 Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (HPSC Inc), HPSC 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 an any Affiliate of the Company (whether directly or by or through the Depository) 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 direction, waiver or consent, only Securities which the Trustee that a Responsible Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 2 contracts
Samples: Indenture (Key Energy Group Inc), Key Energy Group Inc
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate 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 direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
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 Company, any Guarantor 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 direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: National Energy Group Inc, National Energy Group 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 an Affiliate any of its Affiliates shall be disregarded, 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.
Appears in 2 contracts
Samples: Note Agreement (Casual Male Retail Group Inc), Note Agreement (Designs Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuer, any Guarantor and Affiliates of the Issuer or an Affiliate of any Guarantor shall be disregarded, 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 Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Kerzner International Employment Services LTD), LSB Industries 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 Issuers, any of their 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company, any Guarantor and Affiliates of the Company or an Affiliate of any Guarantor shall be disregarded, 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 Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Indenture (Hammond Residential LLC), Indenture (Elsinore Corp)
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 Issuer, any Subsidiary Guarantor or an Affiliate any of their respective Affiliates shall be disregarded, 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 that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Samples: Black Creek Management LLC, Classic Communications Inc
Treasury Securities. In determining whether the Holders of the required principal Principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuer or an Affiliate of the Issuer shall be disregardeddisregarded and deemed not to be outstanding for the purpose of any such determination, except that for the purposes purpose 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.
Appears in 2 contracts
Samples: Senior Indenture (Mesa Inc), Mesa 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 Company, the Subsidiary Guarantors or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 1 contract
Samples: Bay Area Warehouse Stores 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 Parent, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 1 contract
Samples: Natg Holdings LLC
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 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 direction, waiver or consent, only Securities which that a Trust Officer of the Trustee knows are so owned shall will be so disregarded.
Appears in 1 contract
Samples: Indenture (Rent a Center Inc De)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate and Affiliates of the Company shall be disregarded, 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 Securities which that the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Tia Indenture (Jefferies Group Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of any series have concurred in any direction, waiver or consent, Securities 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 direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Devon Energy Corp/De
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 an Affiliate any of its Affiliates shall be disregarded, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. 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 Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities 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 direction, waiver or consent, only Securities which the Trustee a Responsible Officer actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Gilat Satellite Networks LTD
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 Company, the 47 -39- Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 1 contract
Samples: Smiths Food & Drug Centers Inc
Treasury Securities. In determining whether the Holders of the required principal amount number of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate 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 direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (APP Pharmaceuticals, 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 Corporation or an any Affiliate of the Corporation 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 1 contract
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 an Affiliate any of its Affiliates shall be disregarded, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. 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 of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, 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 which that the Trustee knows has received notice are so owned shall be so disregarded. The Trustee may require an Officers’ Certificate of the Company listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Samples: Indenture (Scientific Games Corp)
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 an Affiliate 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 direction, waiver or consent, only Securities with respect to which a Trust Officer of the Trustee knows receives an Officers' Certificate certifying that such Securities are so owned by the Company or an Affiliate shall be so disregarded.
Appears in 1 contract
Samples: Rights Agreement
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 Company, the Subsidiary Guarantors or an Affiliate any of their respective Affiliates shall be disregarded, 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 which that the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Dominicks Supermarkets 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 an Affiliate 42 of the Company shall be disregarded, 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 which that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Doe Run Resources Corp)
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, the Guarantor or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or an Affiliate the Guarantor 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 direction, waiver or consent, only Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: SFW Holding Corp
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 an Affiliate shall be disregarded, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Indenture Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Tarragon Realty Investors Inc
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company or an any other obligor on the Securities or by any Affiliate of the Company or of such other obligor shall be disregarded, 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 which the Trustee knows are so owned shall be so disregarded.in
Appears in 1 contract
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 Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate shall Issuer or any Guarantor, 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 direction, waiver or consent, only Securities which that the Trustee knows are so owned shall will be so disregarded.
Appears in 1 contract
Samples: Canadian Collateral Trust Agreement (Primus Telecommunications Group Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consentconsent required or permitted to be given to the Fiscal Agent under this Agreement, Securities owned by the Company or an Affiliate any subsidiary or affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee Fiscal Agent shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are Company declares in writing to the Fiscal Agent as being so owned shall be so disregarded.
Appears in 1 contract
Samples: Fiscal Agency Agreement (Principal Financial Group 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, any Subsidiary of the 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 direction, waiver or consent, only Securities which a Trustee has been advised in writing by the Trustee knows Company or the Holder are so owned shall be so disregarded.
Appears in 1 contract
Samples: Pioneer Financial Services Inc /De
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 an Affiliate any of its Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such directiondirec- tion, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Building Materials Corp of America
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company Company, any Subsidiary, any other obligor on the Securities or an Affiliate of the Company or such other obligor shall be disregarded, 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 which the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Sina Corp
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, 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 Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.. SECTION 2.10
Appears in 1 contract
Samples: Laboratory Corp of America Holdings
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, 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 which the Trustee knows are so owned shall be so disregarded.Securities
Appears in 1 contract
Samples: Specialty Chemical Resources 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 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 direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Integrated Health Services (Integrated Health Services 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 an Affiliate any of its Affiliates shall be disregarded, 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 which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers’ Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Samples: Leslies Poolmart 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 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Centene 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 or an 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (American Business Financial Services Inc /De/)
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 an Affiliate any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor 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 direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
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 Company, 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 direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, 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 Securities which that a Trust officer having direct responsibility for the Trustee administration of this Indenture knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Sunrise Assisted Living Inc
Treasury Securities. In determining whether the 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 an Affiliate any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded, 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 which that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Covenants (Duane Reade 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, the Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 direction, waiver or consent, only Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Dart Group Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any declaration of acceleration or notice of default or direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, the Securities owned by the Company or an Affiliate of the Company shall be disregardeddisregarded as though they were not outstanding, 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 which that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
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 an Affiliate any of its Affiliates shall be disregarded, 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 which that the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Samples: Leslies Poolmart 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 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 direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: NTL Inc /De/
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, the Guarantors or any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or an Affiliate any Guarantor, as the case may be, shall be disregarded, 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 which that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Duane Reade Inc
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate and Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such usch direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Us Foodservice/Md/)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company, any Guarantor and Affiliates of the Company or an Affiliate of any Guarantor shall be disregarded, 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 Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Urohealth Systems 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 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 direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregardedconsidered as not outstanding.
Appears in 1 contract
Samples: Swift Energy Co
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 either of the Company Issuers, any Subsidiary Guarantor or an Affiliate any of their respective Affiliates shall be disregarded, 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 that the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Samples: Frontiervision Capital Corp
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 an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities for which the Trustee knows has received an Officers’ Certificate stating that such Securities are so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Wisconsin Gas Co)