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Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. To the extent required by the TIA, in determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, 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 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. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc), Indenture (Wolverine Tube Inc)

When Notes Disregarded. To the extent required by the TIA, in In determining whether the Holders of the required principal amount Principal Amount of Notes have concurred in any direction, waiver or consent, 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 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. Also, subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Indenture (Rev Holdings LLC), Indenture (Rev Holdings LLC)

When Notes Disregarded. To the extent required by the TIA, in In determining whether the ---------------------- Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, 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 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. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Iron Age Corp)

When Notes Disregarded. To the extent required by the TIA, in In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or by any Person directly or indirectly controlling Controlling or controlled Controlled by or under direct or indirect common control 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 (Adecoagro S.A.)

When Notes Disregarded. To the extent required by the TIA, in In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, 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 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. Also, subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Revlon Consumer Products Corp)

When Notes Disregarded. To the extent required by the TIA, in In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or by any Person directly or indirectly controlling Controlling or controlled Controlled by or under direct or indirect common control 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 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 1 contract

Samples: Indenture (Rj Reynolds Tobacco Holdings Inc)

When Notes Disregarded. To the extent required by the TIA, in In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, 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 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 receives an Officer's Certificate certifying that such Notes 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 (Shared Technologies Inc)

When Notes Disregarded. To the extent required by the TIA, in In determining whether the ---------------------- Holders of the required principal amount Principal Amount of Notes have concurred in any direction, waiver or consent, 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 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. Also, subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Rev Holdings Inc)