Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the 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.

Appears in 11 contracts

Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

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When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, the Parent Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will or the Parent 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 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.

Appears in 6 contracts

Samples: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp), Indenture (Harrahs Entertainment Inc)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuers, the Subsidiary Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will 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 the Trustee knows has received written notice thereof are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (EP Energy Corp), Indenture (EP Energy Corp), Indenture (EP Energy Corp)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Company, OI Inc., any of the Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will Company, OI Inc. or any of 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 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.

Appears in 3 contracts

Samples: Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, any Subsidiary Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will 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 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.

Appears in 3 contracts

Samples: Purchase Agreement (GeoEye, Inc.), Indenture (GeoEye, Inc.), Indenture (GeoEye, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes or a series of Notes, as applicable, have concurred in any direction, waiver or consent, any such Notes or series of Notes, as applicable, owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the 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.

Appears in 3 contracts

Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes or a series of Notes, as applicable, have concurred in any direction, waiver or consent, any such Notes or series of Notes, as applicable, owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the 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.

Appears in 3 contracts

Samples: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Company, the Issuer, the other Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Company, the Issuer will or the other 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 the Trustee actually 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.

Appears in 1 contract

Samples: Amended and Restated Indenture (Cott Corp /Cn/)

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When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, any Note Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will 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 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.

Appears in 1 contract

Samples: Indenture (Harrahs Entertainment Inc)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes or any series thereof have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuers, the Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will 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. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Mallinckrodt PLC)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 3.08 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such the Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the 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.

Appears in 1 contract

Samples: Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required aggregate principal amount outstanding of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, any Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will or any Guarantor or any Notes held in the Disputed Claims Reserve (as defined in the Plan), 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 the Trustee knows are so owned shall be so disregarded. 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 Affordable Properties LLC)

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