Common use of When Treasury Senior Notes Disregarded Clause in Contracts

When Treasury Senior Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Senior Notes have concurred in any direction, waiver or consent, Senior Notes owned by the Company, any Guarantor or any other obligor on the Senior Notes or by any Affiliate of any of them shall be disregarded as though they were not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Senior Notes which the Trustee actually knows are so owned shall be so disregarded. Senior Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's right so to act with respect to the Senior Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Senior Notes or any Affiliate of any of them.

Appears in 7 contracts

Samples: Indenture (Mariner Post Acute Network Inc), Indenture (Genesis Health Ventures Inc /Pa), Execution (Mariner Health Care Inc)

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When Treasury Senior Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Senior Notes have concurred in any direction, waiver or consent, Senior Notes owned by the Company, any Guarantor or any other obligor on the Senior Notes or by any Affiliate of any of them shall be disregarded as though they were not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Senior Notes which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Senior Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's right so to act with respect to the Senior Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Senior Notes or any Affiliate of any of them.

Appears in 2 contracts

Samples: Genesis Health (Genesis Health Ventures Inc /Pa), Genesis Health (Genesis Health Ventures Inc /Pa)

When Treasury Senior Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Senior Notes have concurred in any direction, waiver or consentconsent or any amendment, modification or other change to the Indenture, Senior Notes owned by the Company, any Guarantor or any other obligor on the Senior Notes Company or by any an Affiliate of any of them the Company shall be disregarded as though they were and deemed not to be outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consentconsent or any amendment, modification or other change to the Indenture, only Senior Notes which the Trustee actually knows are so owned shall be so disregarded. Senior Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's right so to act with respect to the Senior Notes and that the pledgee is not the Company, a Guarantor Company or any other obligor upon the Senior Notes or any an Affiliate of any of themthe Company.

Appears in 1 contract

Samples: Indenture (Telemundo Group Inc)

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When Treasury Senior Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Senior Notes have concurred in any direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, Senior Notes owned by the Company, any Guarantor or any other obligor on the Senior Notes Company or by any an Affiliate of any of them the Company shall be disregarded as though they were and deemed not to be outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, only Senior Notes which the Trustee actually knows are so owned shall be so disregarded. Senior Notes so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's right so to act with respect to the Senior Notes and that the pledgee is not the Company, a Guarantor Company or any other obligor upon the Senior Notes or any an Affiliate of any of themthe Company.

Appears in 1 contract

Samples: Indenture (Telemundo Group Inc)

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