When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series 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 (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 of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.
Appears in 12 contracts
Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series owned by the Company Issuers, the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company (an “Affiliate”) Issuers or the Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the First Lien Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes of such series which a Trust Officer of the First Lien Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.
Appears in 3 contracts
Samples: Indenture (Mallinckrodt PLC), Exchange Agreement (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series owned by the Company Issuers, the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company (an “Affiliate”) Issuers or the Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Second Lien Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes of such series which a Trust Officer of the Second Lien Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.
Appears in 3 contracts
Samples: Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series owned by the Company Company, the Subsidiary Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company (an “Affiliate”) 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 conclusively relying on any such direction, waiver or consent, only Notes of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.
Appears in 3 contracts
Samples: Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.)
When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series owned by the Company or any of the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any of the Guarantors (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 of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.
Appears in 2 contracts
Samples: Indenture (Acuity Brands Lighting, Inc.), Indenture (Acuity Brands Inc)
When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series 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 (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 of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.
Appears in 1 contract
Samples: Indenture (Southwest Gas Corp)
When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series owned by the Company or the Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or the Guarantor (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 of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series 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 principal amount of Notes of a any series have concurred in any direction, waiver or consent, Notes of such series 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 (an “Affiliate”) shall be disregarded and deemed not to be outstandingOutstanding, except that, for the purpose of determining whether the Series Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes of such series which that a Trust Responsible Officer of the Series Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series outstanding Outstanding at the time shall be considered in any such determination.
Appears in 1 contract