Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 3.11, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the Company or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Company 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination. (b) Notwithstanding any provision to the contrary in this Indenture (including Section 12.04(a) hereof), in determining whether the Holders of at least 90% of the aggregate principal amount of the then outstanding Notes have validly tendered and not validly withdrawn their Notes in a Change of Control Offer, other tender offer or offer to purchase for all of the Notes, as applicable, Notes owned by any Affiliate of the Issuers or funds controlled or managed by any Affiliate of the Issuers, or any successor thereof, shall be deemed to be outstanding for the purposes of such Change of Control Offer, tender offer or offer to purchase, as applicable.

When Notes Disregarded. (a) Except as otherwise provided under Section in Sections 3.07 and Section 3.114.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the Company Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Company Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination. (b) Notwithstanding any provision to the contrary in this Indenture (including Section 12.04(a) hereof), in determining whether the Holders of at least 90% of the aggregate principal amount of the then outstanding Notes have validly tendered and not validly withdrawn their Notes in a Change of Control Offer, other tender offer or offer to purchase for all of the Notes, as applicable, Notes owned by any Affiliate of the Issuers or funds controlled or managed by any Affiliate direct or indirect shareholder of the IssuersCompany, or any successor thereof, shall be deemed to be outstanding for the purposes of such Change any change of Control Offer, tender offer or offer control redemption pursuant to purchase, as applicableSection 3.11 hereof.

When Notes Disregarded. (a) Except as otherwise provided under Section in Sections 3.07 and Section 3.114.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the Company Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Company Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination. (b) Notwithstanding any provision to the contrary in this Indenture (including Section 12.04(a) hereof), in determining whether the Holders of at least 90% of the aggregate principal LEGAL_EU # 16733244.6 134 amount of the then outstanding Notes have validly tendered and not validly withdrawn their Notes in a Change of Control Offer, other tender offer or offer to purchase for all of the Notes, as applicable, Notes owned by any Affiliate of the Issuers or funds controlled or managed by any Affiliate direct or indirect shareholder of the IssuersCompany, or any successor thereof, shall be deemed to be outstanding for the purposes of such Change any change of Control Offer, tender offer or offer control redemption pursuant to purchase, as applicableSection 3.11 hereof.