When Notes Disregarded. 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 (from both the numerator and denominator) and deemed not to be outstanding. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.
Appears in 3 contracts
Samples: Indenture (Jarden Corp), Indenture (Jarden Corp), Indenture (Jarden Corp)
When Notes Disregarded. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Holdings or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Holdings shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding. Subject to , except that, for the foregoing, only Notes outstanding at purpose of determining whether the time Trustee shall be considered protected in relying on any such determination.direction, waiver or
Appears in 1 contract
Samples: Indenture (Maxxim Medical Inc/Tx)
When Notes Disregarded. 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 will be disregarded (from both the numerator and denominator) and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned will be so disregarded. Subject Also, subject to the foregoing, only Notes outstanding at the time shall will 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 have concurred in any directionconsented to a modification, amendment or waiver or consentof the terms of this Indenture, 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 (from both the numerator and denominator) and deemed not to be outstanding. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.
Appears in 1 contract
Samples: Indenture (Spansion Inc.)
When Notes Disregarded. 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 Affiliate of the Company shall be disregarded (from both the numerator and denominator) and deemed not to be outstanding. Subject to , except that, for the foregoingpurpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes outstanding at which the time shall be considered in any such determination.Trustee
Appears in 1 contract
Samples: Indenture (Fresh Foods Inc)