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)
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)
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
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
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
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
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
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
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
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
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