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, waiver or consent, Securities owned by the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the Trustee knows are so owned shall be so disregarded.

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 or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that the Trustee knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstandingoutstanding except that, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.

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 Subsidiary Guarantors, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.

Treasury Securities. In determining whether the Holders of the required principal amount at maturity of Securities have concurred in any direction, waiver or consent, Securities owned by the CompanyIssuer, any of its Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the Trustee which a Responsible Officer knows are to be so owned shall be so disregardedconsidered.

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 Companyan Issuer, a Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the Trustee which a Responsible Officer knows are to be so owned shall be so disregardedconsidered.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, its Affiliates shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which the Trustee knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the which a Trustee actually knows are so owned shall be so disregarded.

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, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the Trustee which a Trust Officer actually knows are so owned shall be so disregarded.

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, any other obligor upon the Securities or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, an Affiliate shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Trust Officer of the Trustee knows are so owned shall be so disregarded.

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

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 or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement waiver or consent, only Securities that which the Trustee actually knows are so owned shall be so disregarded.

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 Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which the Trustee actually knows are so owned shall be so disregarded.

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 or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Securities that which the Trustee knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Subordinated Debenture Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which a Trust Officer of the Subordinated Debenture Trustee knows are so owned shall be so disregarded.

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 Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Trust Officer the Trustee actually knows or has reason to know are so owned shall be so disregarded.

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 of its Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.

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 CompanyIssuers, any of their Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.

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 Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the Trustee knows are so owned shall be so disregarded.,

Treasury Securities. In determining whether the Holders of the required principal amount of Securities (in the aggregate or with respect to a particular series, in each case only as expressly provided herein) have concurred in any direction, waiver or consent, any Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, an Affiliate shall be considered as though not outstanding, disregarded (including for purposes of determining the outstanding principal amount of Securities or any series of Securities) except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which the Trustee knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which the corporate trust officer having responsibility for the administration of this Indenture on behalf of the Trustee actually knows are so owned shall be so disregarded.

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 Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though they are not outstanding, except that for the Dailxx Xxxernational Inc.: Indenture -26- Execution Copy 33 purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which the Trustee actually knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or or, consent, only Securities that the which a Trustee knows are so owned shall be so disregarded.

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

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

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 or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Company shall be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement waiver or consent, only Securities that which the Trustee actually knows are so owned shall be so disregarded.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the Trustee a Trust Officer knows are to be so owned shall be so disregardedconsidered.

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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that the Trustee knows are so owned shall be so disregarded.

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver waiver, consent or consentnotice, Securities owned by the Company, the Subsidiary Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that which the Trustee actually knows are so owned shall be so disregardedconsidered.