Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modification, amendment or waiver of the terms of this Indenture, Notes owned by the Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Guarantor 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 consent, waiver or related direction, only Notes which a Responsible 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.

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Company, the Issuer, any Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, the Issuer or any Subsidiary Guarantor shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee Trustees shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible Officer of the Trustee actually knows Trustees know are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Guarantor Issuers, the Guarantors, the Affiliated Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Guarantor Issuers, the Guarantors or the Affiliated Guarantors shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible 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.

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Issuer, any Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Subsidiary Guarantor shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible 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.

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Company, any Subsidiary Guarantor or by any 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 (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible Trustee Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Issuer, the Parent Guarantor the Subsidiary Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer, the Parent Guarantor or any Subsidiary Guarantor shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible Officer of the Trustee actually knows has been notified in writing by the Issuer are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Company, 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 shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible 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.

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Guarantor Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Guarantor Company shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding Outstanding, except that, for the purpose of determining whether the Series Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which that a Responsible Officer of the Series Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Issuer, the Parent Guarantor the Subsidiary Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer, the Parent Guarantor or any Subsidiary Guarantor shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible Officer of the Trustee actually knows has been notified in writing by the Issuer are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.. 143

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes have consented concurred in any direction, waiver or consent (other than in respect of any action pursuant to Section 9.02, which requires consent of a modification, amendment or waiver holder of the terms of this Indenturean affected Note), Notes owned by the Guarantor Issuer, the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Guarantor Issuer or the Guarantors shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible 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.

When Notes Disregarded. In determining whether the Holders of the required principal amount Original Principal Amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Guarantor Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Guarantor Company shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding Outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by any of the Guarantor Parent, the Issuers, the Subsidiary Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with any of the Guarantor Issuers or the Subsidiary Guarantors shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible 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.

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes or any series thereof have consented to a modificationconcurred in any direction, amendment waiver or waiver of the terms of this Indentureconsent, Notes owned by the Guarantor Issuers, the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Guarantor Issuers or the Guarantors shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such consentdirection, waiver or related directionconsent, only Notes which a Responsible 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.