Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. In determining whether the Noteholders 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 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. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

When Notes Disregarded. In determining whether the Noteholders ---------------------- 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 a Trust 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. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

When Notes Disregarded. In determining whether the Noteholders 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 Responsible 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. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

When Notes Disregarded. In determining whether the Noteholders 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 a Trust Officer of the Trustee knows receives an Officer's Certificate certifying that such Notes 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. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

When Notes Disregarded. In determining whether the Noteholders 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. Subject Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

When Notes Disregarded. In determining whether the Noteholders Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or the Guarantors or by any Person directly or indirectly controlling Controlling or controlled Controlled by or under direct or indirect common control Control with the Company of them 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 that a Trust Officer of the Trustee 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. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

When Notes Disregarded. In (a) Subject in each case to the provisions of Section 2.06, when determining whether the Noteholders Holders of the required aggregate 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 Affiliate of 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 Responsible 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. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.