Common use of When Securities Disregarded Clause in Contracts

When Securities Disregarded. Notwithstanding anything to the contrary in this Indenture or any other Note Document, Section 316(a) of the TIA (including the last sentence thereof) is hereby expressly excluded from this Indenture and the other Note Documents for all purposes. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver, consent or approval or other action of Holders, Securities owned by the Company, the REIT, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, the REIT or any Guarantor shall be disregarded and deemed not to be outstanding, except that (i) Securities owned by Specified Holders shall not be so disregarded and (ii) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent approval or other action of Holders, only Securities which the Trustee knows are so owned shall be so disregarded. Securities so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Securities and that the pledgee is not the Company, the REIT, any Guarantor or any other Subsidiary of the Company. Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in this Indenture or any other Note Documentthe Indenture, each of Section 316(a315(d)(3) and Section 316(a)(1) of the TIA (including the last sentence thereof) Trust Indenture Act is hereby expressly excluded from this the Indenture and the other Note Documents for all purposes. In determining whether the Holders of the required principal amount of Securities Outstanding Notes have concurred in any direction, waiver, consent or consent, approval or other action of Holders, Securities Notes owned by the Company, the REITIssuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, the REIT Issuer or any Guarantor shall be disregarded and deemed not to be outstandingdisregarded, except that (ia) Securities Notes owned by Specified Holders shall not be so disregarded and (iib) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent consent, approval or other action of Holders, only Securities which Notes that the Trustee knows are so owned shall be so disregarded. Securities Notes so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Securities Notes and that the pledgee is either (i) not the Company, the REITIssuer, any Guarantor or any other Subsidiary of Person directly or indirectly controlled by the CompanyIssuer or any Guarantor or (ii) a Specified Holder. Also, subject to the foregoing, only Securities outstanding Notes Outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in this Indenture or any other Note Document, Section 316(a) of the TIA (including the last sentence thereof) is hereby expressly excluded from this Indenture and the other Note Documents for all purposes. In determining whether the Holders of the required principal amount of Securities Outstanding Notes have concurred in any direction, waiver, consent or consent, approval or other action of Holders, Securities Notes owned by the Company, the REITIssuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, the REIT Issuer or any Guarantor shall be disregarded and deemed not to be outstandingdisregarded, except that (ia) Securities Notes owned by Specified Holders shall not be so disregarded and (iib) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent consent, approval or other action of Holders, only Securities which Notes that the Trustee knows are so owned shall be so disregarded. Securities Notes so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Securities Notes and that the pledgee is either (i) not the Company, the REITIssuer, any Guarantor or any other Subsidiary of Person directly or indirectly controlled by the CompanyIssuer or any Guarantor or (ii) a Specified Holder. Also, subject to the foregoing, only Securities outstanding Notes Outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in this Indenture or any other Note Notes Document, Section 316(a) of the TIA (including the last sentence thereof) is hereby expressly excluded from this Indenture and the other Note Notes Documents for all purposes. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver, consent or approval or other action of Holders, Securities owned by the Company, the REIT, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, the REIT Company or any Guarantor shall be disregarded and deemed not to be outstanding, except that (i) Securities owned by Specified Holders shall not be so disregarded and (ii) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent approval or other action of Holders, only Securities which the Trustee knows are so owned shall be so disregarded. Securities so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Securities and that the pledgee is not the Company, the REIT, Company any Guarantor or any other Subsidiary of the Company. Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in this Indenture or any other Note Documentthe Indenture, each of Section 316(a315(d)(3) and Section 316(a)(1) of the TIA (including the last sentence thereof) Trust Indenture Act is hereby expressly excluded from this the Indenture and the other Note Documents for all purposes. In determining whether the Holders of the required principal amount of Securities Outstanding Notes have concurred in any direction, waiver, consent or consent, approval or other action of Holders, Securities Notes owned by the Company, the REITIssuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, the REIT Issuer or any Guarantor shall be disregarded and deemed not to be outstandingdisregarded, except that (ia) Securities Notes owned by Specified Holders shall not be so disregarded and (iib) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent consent, approval or other action of Holders, only Securities which Notes that the Trustee knows are so owned shall be so disregarded. Securities Notes so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Securities Notes and that the pledgee is either (i) not the Company, the REIT, Issuer any Guarantor or any other Subsidiary of Person directly or indirectly controlled by the CompanyIssuer or any Guarantor or (ii) a Specified Holder. Also, subject to the foregoing, only Securities outstanding Notes Outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in this Indenture or any other Note Document, Section 316(a) of the TIA (including the last sentence thereof) is hereby expressly excluded from this Indenture and the other Note Documents for all purposes. In determining whether the Holders of the required principal amount of the Securities of a series have given any request, demand, authorization, direction, notice, consent or waiver hereunder or have concurred in any direction, waiver, consent waiver or approval or other action of Holders, consent: (1) Securities owned by the Company, the REIT, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, the REIT Issuer or any Guarantor other obligor upon the Securities or any Affiliate of the Issuer of such series or of such other obligor, shall be disregarded and deemed not to be outstandingoutstanding (except that, except that (i) Securities owned by Specified Holders shall not be so disregarded and (ii) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent approval waiver or other action of Holdersconsent, only Securities which the Trustee knows are so owned shall be so disregarded. ); provided, however, that any such Securities so owned that which have been pledged in good faith shall not by the Issuer of such series or other obligor or Affiliate thereof may be so disregarded regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right to deliver any such direction, waiver, consent, approval or other action of Holders act as owner with respect to the such Securities and that the pledgee is not the Company, Issuer or other obligor upon such series or Affiliate thereof; (2) the REIT, principal amount of any Guarantor or any other Subsidiary Original Issue Discount Security that shall be deemed to be outstanding shall be the amount of the Company. Also, subject to principal thereof that would be due and payable as of the foregoing, date of the taking of such action upon a declaration of acceleration of the Maturity thereof; and (3) only Securities of such series outstanding at the time (as determined with reference to Section 2.09(a)) shall be considered in any such determination.