Common use of When Notes Are Disregarded Clause in Contracts

When Notes Are Disregarded. In determining whether the Holders of the required Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or by any Affiliate of the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 11 contracts

Samples: Hc2 Holdings, Inc., Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.)

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When Notes Are Disregarded. In determining whether the Holders of the required Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Credit Parties or by any Affiliate of the Company Credit Parties shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination. For purposes of this Section 16.04, the Permitted Holders shall not be deemed to be Affiliates of the Credit Parties.

Appears in 4 contracts

Samples: Warrant Agreement (Gevo, Inc.), Indenture (Gevo, Inc.), Registration Rights Agreement (Gevo, Inc.)

When Notes Are Disregarded. In determining whether the Holders of the required Principal Amount principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Issuer or by any Affiliate of the Company Issuer shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Indenture (Amarin Corp Plc\uk), Indenture (Amarin Corp Plc\uk), Amarin Corp Plc\uk

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When Notes Are Disregarded. In determining whether the Holders of the required Principal Amount principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Supplemental Indenture (TTM Technologies Inc), First Supplemental Indenture (Sonosite Inc)

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