Common use of Treasury Securities Clause in 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 or Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows are so owned shall be disregarded.

Appears in 16 contracts

Samples: Indenture (Doskocil Manufacturing Co Inc), Indenture (HMH Properties Inc), Indenture (Asat Holdings LTD)

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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 Affiliates any Affiliate of the Company shall be disregardedconsidered as though not outstanding, 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 that a Trust Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.

Appears in 14 contracts

Samples: Indenture (Aspirity Holdings LLC), Indenture (Multiband Corp), 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 Issuer or any of its Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Responsible Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 7 contracts

Samples: Indenture (Global Crossing LTD), Indenture (LEM America, Inc), Indenture (Warner Alliance Music 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 of its Subsidiaries or any of their respective Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows or has reason to know are so owned shall be disregarded.

Appears in 7 contracts

Samples: Indenture (Building One Services Corp), Indenture (Building One Services Corp), Indenture (Alliance Imaging of Michigan 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 any of its Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 6 contracts

Samples: Indenture (Hermes Europe Railtel B V), Indenture (Global Telesystems Europe B V), Indenture (Hermes Europe Railtel B V)

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

Appears in 5 contracts

Samples: Indenture (Doe Run Resources Corp), Indenture (Renco Steel Holdings Inc), Indenture (Doe Run Peru Sr Ltda)

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 Affiliates an Affiliate of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 5 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al), Indenture (Mueller Industries 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 Affiliates of either of the Company Issuers shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows are so owned shall be disregarded.

Appears in 4 contracts

Samples: Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming Finance Corp), Indenture (Waterford Gaming 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 Parent, any of its Subsidiaries or any of their respective Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Responsible Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 4 contracts

Samples: Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express Inc), Indenture (Moore Labels 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 Issuers, any Guarantor and Affiliates of the Company Issuers or of any Guarantor shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 4 contracts

Samples: Indenture (Sun International North America Inc), Indenture (Sun International Hotels LTD), Indenture (Sun International North America 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 Affiliates of the Company an Affiliate 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 that a Trust Officer of 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: Indenture (Wisconsin Gas Co), Indenture (Wisconsin Power & Light Co), Indenture (Wisconsin Electric Power Co)

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

Appears in 3 contracts

Samples: Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc), Indenture (Unifrax Investment 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 Affiliates of the Company an Affiliate 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 that a Trust Officer of which the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Alpharma Inc), Indenture (Alpharma Inc), Indenture (Cable Design Technologies 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 any of its Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows has received notice are so owned shall be 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 (Autotote Corp), Indenture (Scientific Games 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 Company, any Guarantor and Affiliates of the Company or of any Guarantor shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows or has reason to know are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company or Affiliates of the Company an Affiliate 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 that which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (East West Bancorp Capital Trust I), Indenture (Coastal Bancorp 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 Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Responsible Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 2 contracts

Samples: Indenture (HPSC Inc), Indenture (HPSC 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 Issuer, any Guarantor and Affiliates of the Company Issuer or of any Guarantor shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 2 contracts

Samples: Indenture (Kerzner International Employment Services LTD), Indenture (LSB Industries 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, any Guarantor or any other obligor on the Securities and Affiliates of the Company Issuers, shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows or has reason to know are so owned shall be disregarded.

Appears in 2 contracts

Samples: Indenture (Trump Atlantic City Funding Iii Inc), Indenture (Trump Communications 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 and its Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows or has reason to know are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company Issuers or Affiliates of the Company Issuers shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows are so owned shall be disregarded.

Appears in 2 contracts

Samples: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /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 Issuer or Affiliates of the Company Issuer shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows are so owned shall be disregarded.

Appears in 2 contracts

Samples: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /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 Affiliates an Affiliate of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer officer having direct responsibility for the administration of the Trustee this Indenture knows are so owned shall be disregarded.

Appears in 1 contract

Samples: Indenture (Sunrise Assisted Living Inc)

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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 and Affiliates of the Company shall be disregarded, except 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 that a Trust Officer of the Trustee knows or has reason to know are so owned shall be 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 or Affiliates of the Company an Affiliate 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 that a Trust Officer of 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)

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 any of its Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Responsible Officer of the Trustee actually knows are so owned shall be 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 of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or Company, the Guarantor and Affiliates of the Company or of the Guarantor shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows or has reason to know are so owned shall be disregarded.

Appears in 1 contract

Samples: Indenture (Capital Gaming International Inc /Nj/)

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 and Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 1 contract

Samples: Indenture (Jefferies 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 Company, any Guarantor and Affiliates of the Company or of any Guarantor shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.

Appears in 1 contract

Samples: Indenture (Urohealth Systems 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 any of its Affiliates of the Company shall be disregarded, except that, that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplementdirec- tion, waiver or consent, only Securities that a Trust Officer of which the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (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, amendment, supplement, waiver or consent, Securities owned by the Company Company, any Subsidiary, any other obligor on the Securities or Affiliates an Affiliate of the Company or 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 notice, direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (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 Company, the 47 -39- Subsidiaries or any of their respective Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows or has reason to know are so owned shall be disregarded.

Appears in 1 contract

Samples: Indenture (Smiths Food & Drug Centers 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 Company, any Guarantor and Affiliates of the Company Company, or of any Guarantor shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows or has reason to know are so owned shall be disregarded.

Appears in 1 contract

Samples: Indenture (Jazz Casino Co 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 any of its Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows has received notice are so owned shall be 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 of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or any of its Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Responsible Officer of the Trustee actually knows are so owned shall be 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 of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or Affiliates an Affiliate 42 of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company or Affiliates of the Company an Affiliate shall be disregarded, except that, that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of which the Indenture Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Tarragon Realty Investors 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 Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Trust Officer of the Trustee knows are so owned shall be disregarded.determining

Appears in 1 contract

Samples: Indenture (Ekco Group Inc /De/)

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