Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or any Affiliate of them 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 52 contracts

Samples: Intercreditor Agreement (Ryan Specialty Holdings, Inc.), Intercreditor Agreement (Carvana Co.), Indenture (Churchill Downs Inc)

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When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 40 contracts

Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Guarantor or any Affiliate of them 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 27 contracts

Samples: Indenture (Builders FirstSource, Inc.), Churchill Downs Incorporated (Churchill Downs Inc), Indenture (Builders FirstSource, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor Company or any by an Affiliate of them 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 25 contracts

Samples: Pooling Agreement (Bungeltd), Pooling Agreement (Bungeltd), Pooling Agreement (Bunge Limited Finance Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 19 contracts

Samples: Indenture (Venoco, Inc.), Indenture (Venoco, Inc.), Indenture (DENVER PARENT Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, any Guarantor or any Affiliate of them 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 18 contracts

Samples: Indenture (Ladder Capital Corp), Indenture (Pactiv Evergreen Inc.), Indenture (Ladder Capital Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 Responsible 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 15 contracts

Samples: Indenture (Aar Corp), Stillwater Mining Company (Stillwater Mining Co /De/), Indenture (Aar Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 14 contracts

Samples: Indenture (Pra Group Inc), Indenture (Credit Acceptance Corp), Indenture (Pra Group Inc)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 14 contracts

Samples: Supplemental Indenture (XPO, Inc.), Indenture (XPO, Inc.), Indenture (XPO, Inc.)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, the Subsidiary Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuers or the Subsidiary Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 13 contracts

Samples: Supplemental Indenture (ADT Inc.), Supplemental Indenture (ADT, Inc.), Supplemental Indenture (ADT, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the 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 that 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 12 contracts

Samples: Supplemental Indenture (Energizer Holdings, Inc.), Indenture (Crocs, Inc.), Supplemental Indenture (Energizer Holdings, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company (an “Affiliate”) shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively 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 12 contracts

Samples: Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, any Note Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Note Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 11 contracts

Samples: Indenture (NXP Semiconductors N.V.), Indenture (NXP Semiconductors N.V.), Note Guarantee Supplement (NXP Semiconductors N.V.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or any Affiliate of them 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: Indenture (Ultra Petroleum Corp), Warrant Agreement (Ultra Petroleum Corp), Indenture (Igate Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 11 contracts

Samples: NXP Semiconductors N.V., Indenture (Momentive Specialty Chemicals Inc.), Graham Packaging (Graham Packaging Holdings Co)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the an Issuer, any Guarantor or any Affiliate of them 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: Indenture (Hersha Hospitality Trust), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 10 contracts

Samples: Supplemental Indenture (Forward Air Corp), Indenture (Chart Industries Inc), Junior Intercreditor Agreement (Chart Industries Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Subsidiary Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor 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 9 contracts

Samples: Indenture (MSCI Inc.), Indenture (MSCI Inc.), Indenture (MSCI Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 8 contracts

Samples: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC), Indenture (Global Brass & Copper Holdings, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or any Affiliate of them 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 Responsible 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 8 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Knife River Holding Co)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Guarantor or any Affiliate of them 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 Responsible 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 8 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

When Notes Disregarded. In For purposes of determining whether the Holders of the required aggregate requisite principal amount of Notes have concurred in taken any direction, waiver or consentaction under this Indenture, Notes owned by the Issuer, any Guarantor Company or any Affiliate of them 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 8 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the 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 7 contracts

Samples: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc), Usx Corp

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Guarantor 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 6 contracts

Samples: Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or any Affiliate of them shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee or the Collateral Agent shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee or the Collateral Agent, as applicable, 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 6 contracts

Samples: Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Initial Agreement (Frontier Communications Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor Company or by any Affiliate of them 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 6 contracts

Samples: Indenture (Galey & Lord Inc), Paragon Trade Brands Inc, Prime Succession Holdings Inc

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, the Subsidiary Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Subsidiary Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 6 contracts

Samples: Intercreditor Agreement (Adtalem Global Education Inc.), Indenture (Rackspace Technology, Inc.), Indenture (Rackspace Technology, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Note Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Note Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 6 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 6 contracts

Samples: Pooling Agreement (Bunge LTD), Indenture (Bunge LTD), Planet Hollywood International Inc

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the an Issuer, any a Note Guarantor or by any Affiliate of them an Issuer or a Note Guarantor 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 6 contracts

Samples: Supplemental Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 conclusively 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 5 contracts

Samples: Indenture (Southwest Gas Corp), Fourth Supplemental Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or the Guarantors or by any Guarantor Person directly or any Affiliate indirectly controlling or controlled by or under direct or indirect common control with of them 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 that 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 5 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Security Agreement (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor or any Affiliate of them shall be disregarded and deemed not to be outstanding, its Affiliates (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 Responsible Officer of the Trustee actually knows are so owned 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 5 contracts

Samples: Columbus Energy Corp, Cimarex Energy Co, Tango of Arundel, Inc.

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 that 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 5 contracts

Samples: Indenture (FedNat Holding Co), Indenture (Palomar Holdings, Inc.), Indenture (Heritage Insurance Holdings, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 that 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 5 contracts

Samples: Tempur Sealy International, Inc., Tempur Sealy International, Inc., Indenture (Tempur Sealy International, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Guarantor or any Affiliate of them 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 4 contracts

Samples: Intercreditor Agreement (EM Holdings LLC), Intercreditor Agreement (Edgen Group Inc.), Intercreditor Agreement (Edgen Murray II, L.P.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, any the Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or the Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Note Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Note Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Supplemental Indenture (Graftech International LTD), Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor Issuer or by any Affiliate of them the 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 4 contracts

Samples: Indenture (Cardiac Science Inc), Indenture (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consentconsent hereunder, Notes owned by the IssuerCompany, any Guarantor Subsidiary or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Affiliate of them Subsidiary shall in each case 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)

When Notes Disregarded. In determining whether the Holders Noteholders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (CME Media Enterprises B.V.), Indenture (CME Media Enterprises B.V.), Indenture (Central European Media Enterprises LTD)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, the Subsidiary Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuers or the Subsidiary Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.), Indenture (CAESARS ENTERTAINMENT Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or any Affiliate of them shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee Trustees shall be protected in conclusively relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee Trustees 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 4 contracts

Samples: Indenture (Primo Water Corp /CN/), Primo Water Corp /CN/, Indenture (Cott Corp /Cn/)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded and deemed not to be outstandingOutstanding, 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 Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Ciena Corp, Ciena Corp, Indenture (Ciena Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor or any Affiliate affiliate of them the Issuer shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively 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 4 contracts

Samples: Indenture (Hess Midstream LP), Indenture (Hess Midstream LP), Indenture (Hess Midstream Partners LP)

When Notes Disregarded. In determining whether the Holders holders of Notes of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or Parent or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or Parent 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 that 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 4 contracts

Samples: Indenture (PT Indosat TBK), Indosat International (PT Indosat TBK), Indenture (PT Indosat TBK)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Subsidiary Guarantor or any Affiliate of them 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 Responsible 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 (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the 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 (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Supplemental Indenture (Goodyear Tire & Rubber Co /Oh/)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or any Affiliate of them shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee or the Notes Collateral Agent shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee or the Notes Collateral Agent, as the case may be, 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: Intercreditor Agreement (CPI Card Group Inc.), Passu Intercreditor Agreement (CPI Card Group Inc.), Moneygram International Inc

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Guarantor or any Affiliate of any of them 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 (Earthstone Energy Inc), Indenture (Basic Energy Services Inc), Earthstone Energy Inc

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (WABASH NATIONAL Corp), Supplemental Indenture (Gap Inc), Supplemental Indenture (Wabash National Corp /De)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the an Issuer, any Guarantor or any Affiliate of them shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee or Collateral Agent shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee or Collateral Agent, as applicable, 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 (Restaurant Brands International Inc.), Restaurant Brands International Limited Partnership, Restaurant Brands International Limited Partnership

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuers or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuers 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 (United States Steel Corp), Indenture (Usx Corp), United States Steel Corp

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Subsidiary Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Indenture (Beacon Roofing Supply Inc), Indenture (Beacon Roofing Supply Inc), Indenture (Beacon Roofing Supply Inc)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company or the Guarantors 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 Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (Rayonier Advanced Materials Inc.), Passu Intercreditor Agreement (Abercrombie & Fitch Co /De/), Supplemental Indenture (Gap Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Subsidiary Guarantor or by any Affiliate of them 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 3 contracts

Samples: Cno Financial (CNO Financial Group, Inc.), Indenture (McClatchy Co), Indenture (Blockbuster Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 3 contracts

Samples: Indenture (Merisant Foreign Holdings I Inc), Indenture (Tabletop Holdings Inc), Indenture (Purina Mills Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Subsidiary Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee Trustees shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows Trustees know 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: Supplemental Indenture (Open Text Corp), Supplemental Indenture (Open Text Corp), Indenture (Open Text Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (Amn Healthcare Services Inc), Supplemental Indenture (Amn Healthcare Services Inc), Supplemental Indenture (Amn Healthcare Services Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Indenture (Veterinary Centers of America Inc), Indenture (Maxxim Medical Inc/Tx)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuers or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Supplemental Indenture (Mallinckrodt PLC), Supplemental Indenture (Mallinckrodt PLC)

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When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether a Responsible Officer of 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Supplemental Indenture (TAMINCO ACQUISITION Corp), Supplemental Indenture (TAMINCO ACQUISITION Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by Parent, the IssuerCompany, any Subsidiary Guarantor or by any Affiliate of them 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: Indenture (Reddy Ice Holdings Inc), Indenture (Reddy Ice Holdings Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, the Subsidiary Guarantors or by any Guarantor person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Subsidiary Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Indenture (Fresh Market Holdings, Inc.), Collateral Agreement (Fresh Market Holdings, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or any Affiliate of them shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively 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: Indenture (Cott Corp /Cn/), Indenture (Cott Corp /Cn/)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerParent, any Guarantor Issuer or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Parent or any Affiliate of them 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 has actual knowledge 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: Tronox (Tronox Inc), Indenture (Tronox Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company (an "Affiliate") shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively 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: Dow Jones & Co Inc, Valspar Corp

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company or the Guarantors 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 that 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: Indenture (Lamb Weston Holdings, Inc.), Supplemental Indenture (Lamb Weston Holdings, Inc.)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or by any Affiliate of them the 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 or has received written notice thereof are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Warrant Agreement (Sunnova Energy International Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the 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 2 contracts

Samples: Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Guarantor 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Indenture (Affinion Group, Inc.), Indenture (Orbimage Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Rural Metro Corp /De/, Rural Metro Corp /De/

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, an Issuer or by any Guarantor or any Affiliate affiliate of them an Issuer shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively 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: Indenture (Hess Midstream Partners LP), Indenture (Hess Midstream LP)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor Issuers or by any Affiliate of them the Issuers 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 that the Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Junior Lien Intercreditor Agreement (Diamond Offshore Drilling, Inc.), Indenture (Valaris LTD)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuers or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Supplemental Indenture (Garrett Motion Inc.), Supplemental Indenture (Athlon Energy Inc.)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (TII Smart Solutions, Sociedad Anonima)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded and deemed not to be outstandingOutstanding, 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 Outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Plans Assumption Agreement (Rev Holdings LLC), Indenture (Rev Holdings LLC)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Subsidiary Guarantor or any Affiliate of them 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: Indenture (Radioshack Corp), Indenture (Citadel Broadcasting Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee Trustees shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows Trustees know 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 (Open Text Corp), Supplemental Indenture (Open Text Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuers or by any Guarantor or any Affiliate of them shall be disregarded and deemed not to be outstanding, their Affiliates (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 Responsible Officer of the Trustee actually knows are so owned 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: Quiksilver (Quiksilver Inc), Quiksilver (Quiksilver Inc)

When Notes Disregarded. In determining whether the Holders Noteholders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Rights Agreement (Gaylord Entertainment Co /De), Standard Pacific Corp /De/

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor Issuer or any Affiliate of them the 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 2 contracts

Samples: Yum Brands Inc, Yum Brands Inc

When Notes Disregarded. In determining whether the Holders Noteholders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerCompany, Holdings or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company or Holdings 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Wesco International Inc

When Notes Disregarded. (a) In determining whether the Holders of the required aggregate principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the IssuerCompany or by any Person directly or indirectly controlling, any Guarantor or any Affiliate of them shall controlled by, or under direct or indirect common control with the Company will 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Altice USA, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuers or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuers 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 1 contract

Samples: Chiles Magellan LLC

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.. 131

Appears in 1 contract

Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded (from both the numerator and denominator) 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 Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Stone Energy Corp

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerHoldings, any Guarantor Subsidiary or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Holdings or any Affiliate of them Subsidiary 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Veterinary Centers of America Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount outstanding of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor or by any Affiliate of them Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Guarantor shall be disregarded and deemed not to be outstandingOutstanding, 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 Subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Capmark Financial Group Inc.)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or 100 ​ ​ consent, Notes owned by the Issuer, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (TopBuild Corp)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the 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 1 contract

Samples: Agreement and Plan of Merger (Watson Wyatt Worldwide, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, any Guarantor Issuer or any Affiliate of them its Affiliates 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 1 contract

Samples: Indenture (BOISE CASCADE Co)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded and deemed not to be outstandingOutstanding, 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 that a Trust Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Great Atlantic & Pacific Tea Co Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, any Guarantor or any Affiliate of them 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 has received written notice 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 1 contract

Samples: Indenture (Foundation Building Materials, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them 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 1 contract

Samples: Indenture (Tabletop Holdings Inc)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuerIssuers, any Subsidiary Guarantor or any Affiliate of them 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 1 contract

Samples: Indenture (Justice Delaware Holdco Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the any Issuer, any Guarantor or any Affiliate of them 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 has been notified in writing 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 1 contract

Samples: Intercreditor Agreement (Option Care Health, Inc.)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Issuer or by any Guarantor or any Affiliate affiliate of them the Issuer shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows has actual knowledge 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 1 contract

Samples: Indenture (Hess Midstream LP)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, Company or by any Guarantor Person directly or any Affiliate of them shall indirectly controlling or controlled by or under direct or indirect common control with the Company will be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall will 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 will be so disregarded. Also, subject to the foregoing, only Notes outstanding at the time shall will be considered in any such determination.

Appears in 1 contract

Samples: Security Agreement (Trico Marine Services Inc)

When Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuer, the Guarantors or by any Guarantor Person directly or any Affiliate of them indirectly controlling or controlled by or under direct or indirect common control with the Issuer or the Guarantors 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 Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (Dollar Tree Inc)

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