Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 100 contracts
Samples: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Huntington Bancshares Inc/Md), Indenture (RAIT Financial Trust)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities (or, as the case may be, the holders of a majority in aggregate Liquidation Amount of Preferred Securities) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 71 contracts
Samples: Junior Subordinated Indenture (American Realty Capital Properties, Inc.), Junior Subordinated Indenture (Capstead Mortgage Corp), Junior Subordinated Indenture (Great Wolf Resorts, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 68 contracts
Samples: Supplemental Indenture (Sally Beauty Holdings, Inc.), Supplemental Indenture (Graphic Packaging Holding Co), Supplemental Indenture (Graphic Packaging International, LLC)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 58 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities (or, as the case may be, the holders of a majority in aggregate Liquidation Amount of the Preferred Securities) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 55 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (People's United Financial, Inc.), Wilshire Bancorp Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 41 contracts
Samples: Indenture (Sonic Automotive Inc), Sonic Automotive Inc, Power Solutions International, Inc.
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 39 contracts
Samples: Third Supplemental Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 38 contracts
Samples: Indenture (Endeavour Silver Corp), Endeavour Silver Corp, Indenture (Minefinders Corp Ltd.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 31 contracts
Samples: Purchase Agreement (Coltec Capital Trust), Indenture (Calenergy Capital Trust Iii), Exhibit 4 (Converse Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall Subordinated Notes will have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Subordinated Notes, provided that:
Appears in 30 contracts
Samples: Indenture (Home Bancorp, Inc.), Indenture (Home Bancorp, Inc.), Indenture (Investar Holding Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 28 contracts
Samples: Indenture (Jakks Pacific Inc), Indenture (Service Corporation International), Indenture (Service Corporation International)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 28 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 28 contracts
Samples: Indenture (Primus Telecommunications Group Inc), Supplemental Indenture (Accuride Corp), Indenture (Tembec Industries Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 27 contracts
Samples: Indenture (Northstar Realty Finance Corp.), NorthStar Realty Europe Corp., United Rentals Highway Technologies Gulf, LLC
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 25 contracts
Samples: Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 21 contracts
Samples: Indenture (Baytex Energy LTD), Indenture (Rent a Center Inc De), Indenture (Laidlaw Environmental Services Inc)
Control by Holders. The Holder or Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; , provided, that:
Appears in 20 contracts
Samples: Indenture (Sun International North America Inc), Indenture (Sun International Hotels LTD), Financing Agreement (Waterford Gaming LLC)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 17 contracts
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), American Bancshares Inc \Fl\, Pfbi Capital Trust
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 15 contracts
Samples: Indenture (Stena Ab), Indenture (Xo Communications Inc), Indenture (Stena Ab)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, including, without limitation, powers conferred on it by the Pledge Agreement or the Deed of Trust, provided that:
Appears in 14 contracts
Samples: Pledge Agreement (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee under this Indenture; provided, provided that:;
Appears in 14 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Control by Holders. The Holder or Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided, PROVIDED, that:
Appears in 13 contracts
Samples: Indenture (Talk Radio Network Inc), Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Sun Healthcare Group Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:;
Appears in 13 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals Inc /De)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, PROVIDED that:
Appears in 11 contracts
Samples: Indenture (Eagle Food Centers Inc), Indenture (Analog Devices Inc), Indenture (St Paul Companies Inc /Mn/)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 10 contracts
Samples: Indenture (Oaktree Capital Group, LLC), Indenture (Seacor Holdings Inc), Indenture (RSL Communications LTD)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 9 contracts
Samples: Indenture (Cme Group Inc.), Royal Caribbean Cruises LTD, Indenture (Midamerican Energy Holdings Co /New/)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; providedPROVIDED, that:
Appears in 9 contracts
Samples: Indenture (Inacom Corp), Purchase Agreement (Zenith National Insurance Corp), Indenture (Chemed Capital Trust)
Control by Holders. The Holders of not less than a majority in aggregate principal amount at maturity of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, PROVIDED that:
Appears in 9 contracts
Samples: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, PROVIDED that:
Appears in 8 contracts
Samples: Indenture (Nextlink Communications Inc /De/), Indenture (Bnccorp Inc), Expenses and Liabilities (Amerus Capital I)
Control by Holders. The Holder or Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided, provided that:
Appears in 7 contracts
Samples: Price Communications Corp, Price Communications Corp, Pricellular Wireless Corp
Control by Holders. The Holder or Holders of not no less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; , provided, that:
Appears in 7 contracts
Samples: Indenture (Occusystems Inc), Indenture (Smartalk Teleservices Inc), May & Speh Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 6 contracts
Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)
Control by Holders. The Holder or Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; , provided, that:
Appears in 6 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al), Indenture (Mueller Industries Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; providedPROVIDED, that:
Appears in 6 contracts
Samples: Execution Copy (Fleetwood Enterprises Inc/De/), Fleetwood Enterprises Inc/De/, Fleetwood Enterprises Inc/De/
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 5 contracts
Samples: Indenture (Oci Holdings Inc), Texas Unwired, Texas Unwired
Control by Holders. The Holders of not less than a majority in aggregate principal amount at maturity of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 5 contracts
Samples: Indenture (RSL Communications LTD), Execution Copy (RSL Communications LTD), RSL Communications LTD
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities then Outstanding, voting together as a single class, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 5 contracts
Samples: Indenture (Cablevision Systems Corp /Ny), Indenture (CSC Holdings Inc), AMC Networks Inc.
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right right, subject to Section 6.3 hereof, to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , with respect to the Securities, provided, that:
Appears in 5 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius Medical Care Corp, Fresenius National Medical Care Holdings Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities (or, as the case may be, the holders of a majority in aggregate Liquidation Amount of Preferred Securities) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Desert Capital Reit Inc), Junior Subordinated Indenture (Desert Capital Reit Inc), Beazer Homes Usa Inc
Control by Holders. The Holder or Holders of not no less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided, provided that:
Appears in 5 contracts
Samples: Arris Group Inc, Antec Corp, Antec Corp
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 5 contracts
Samples: Supplemental Indenture (BRT Realty Trust), Junior Subordinated Indenture (Orleans Homebuilders Inc), Beazer Homes Usa Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 5 contracts
Samples: Participation Agreement (Entergy Louisiana Inc), Participation Agreement (Louisiana Power & Light Co /La/), Participation Agreement (Entergy Louisiana Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities (or, as the case may be, the holders of a majority in aggregate Liquidation Amount of the Preferred Securities then outstanding) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 5 contracts
Samples: Subordinated Indenture (Great Wolf Resorts, Inc.), Great Wolf Resorts, Inc., New Century Financial Corp
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 5 contracts
Samples: Targets Trusts Vi, Targets Trusts Vi, Targets Trusts Vi
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 4 contracts
Samples: Indenture (Rogers Communications Inc), Registration Rights Agreement (Rogers Wireless Inc), Amc Entertainment Inc
Control by Holders. The Subject to the provisions of Section 603, Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities; provided, however, that:
Appears in 4 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Sunoco Logistics Partners Lp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount Original Principal Amount of the Outstanding outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities; provided, however, that:
Appears in 4 contracts
Samples: Indenture (American Express Co), Indenture (American Express Co), Wells Fargo & Co/Mn
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, PROVIDED that:
Appears in 4 contracts
Samples: Security Agreement (Park Place Entertainment Corp), Park Place Entertainment Corp, Fca of Ohio Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Initial Securities and the Exchange Securities then Outstanding, voting together as a single class, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 4 contracts
Samples: Indenture (CSC Holdings Inc), Indenture (CSC Holdings Inc), Indenture (Cablevision Systems Corp)
Control by Holders. The Holder or Holders of not no less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided, PROVIDED, that:
Appears in 4 contracts
Samples: Tia Indenture (Petsmart Inc), Platinum Technology Inc, Platinum Technology Inc
Control by Holders. The Subject to Section 6.3, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 4 contracts
Samples: Indenture (Sonus Networks Inc), Indenture (Church & Dwight Co Inc /De/), Sonus Networks Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee and the Co-Trustee or exercising any trust or power conferred on the Trustee and the Co-Trustee; provided, provided that:
Appears in 4 contracts
Samples: Indenture (Jaguar Mining Inc), Indenture (Biovail Corp International), Indenture (Biovail Corp International)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Debt Securities shall will have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Debt Securities, provided that:
Appears in 4 contracts
Samples: Indenture (City Holding Co), Indenture (City Holding Co), Indenture (City Holding Co)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to Nothing in this Agreement shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction or exercising any trust or power conferred on the Trustee; provided, that:directions by Holders.
Appears in 4 contracts
Samples: Payment Rights Agreement (Fusion Systems Corp), Contingent Payment Rights Agreement (Fusion Systems Corp), Contingent Payment Rights Agreement (Fusion Systems Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; providedTrustee under this Indenture, provided that:
Appears in 3 contracts
Samples: United Rentals North America Inc, United Rentals North America Inc, United Rentals North America Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 3 contracts
Samples: Pogo Producing Co, Pogo Producing Co, Pogo Producing Co
Control by Holders. The Subject to the terms of the Intercreditor Agreement with respect to actions taken under the Security Documents, the Holder or 95 107 Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided, that:
Appears in 3 contracts
Samples: Rights Agreement (Jazz Casino Co LLC), Rights Agreement (JCC Holding Co), Rights Agreement (Jazz Casino Co LLC)
Control by Holders. The Holder or Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided, provided that:
Appears in 3 contracts
Samples: Indenture (Transtexas Gas Corp), Indenture (Urohealth Systems Inc), LSB Industries Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 3 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Convergys Corp), Indenture (Convergys Corp)
Control by Holders. The Subject to Section 5.2(e) and the last paragraph of Section 5.2, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 3 contracts
Samples: Indenture (Comstock Oil & Gas GP, LLC), Comstock Resources Inc, Indenture (Comstock Resources Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 3 contracts
Samples: Allegiant Capital Trust Ii, Allegiant Capital Trust I, Allegiant Bancorp Inc
Control by Holders. The If an Event of Default shall have occurred and be continuing, the Holders of not less than a majority in aggregate principal amount of the Securities then Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 3 contracts
Samples: General Mortgage Indenture (Centerpoint Energy Houston Electric LLC), Aquila Inc, Centerpoint Energy Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, Trustee provided that:
Appears in 3 contracts
Samples: Fib Capital Trust, Fib Capital Trust, First Interstate Bancsystem of Montana Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, PROVIDED that:
Appears in 3 contracts
Samples: Loehmanns Holdings Inc, Egan Hub Partners Lp, Brazos Sportswear Inc /De/
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustees, or exercising any trust or power conferred on the Trustee; providedTrustees, provided that:
Appears in 3 contracts
Samples: Indenture (Intrawest Corp), Indenture (Intrawest Corp), Indenture (Intrawest Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 3 contracts
Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Genta Inc De/
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; providedPROVIDED, that:
Appears in 2 contracts
Samples: Trust Agreement (Bankatlantic Bancorp Inc), Indenture (Bankatlantic Bancorp Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:provided that (a) such direction shall not be in conflict with any rule of law or with this Indenture and shall not expose the Trustee to personal liability, and (b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Samples: Overseas Shipholding Group Inc, Overseas Shipholding Group Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 2 contracts
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities (or, as the case may be, the holders of a majority in aggregate Liquidation Amount of the Preferred Securities) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 2 contracts
Samples: First Acceptance Corp /De/, First Acceptance Corp /De/
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and the holders of a majority in liquidation amount of the Capital Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 2 contracts
Samples: Popular North America Capital Trust Iii, Popular North America Capital Trust I
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the TrusteeTrustee with respect to the Securities; provided, provided that:
Appears in 2 contracts
Samples: Indenture (Vintage Petroleum Inc), Vintage Petroleum Inc
Control by Holders. The Subject to Article 5 hereof, the Holders of not less than a majority in aggregate principal amount Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Indenture (Microchip Technology Inc), Indenture (Verisign Inc/Ca)
Control by Holders. The Subject to the terms of the Security Documents, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or Collateral Agent, or exercising any trust or power conferred on the Trustee; providedTrustee or Collateral Agent, provided that:
Appears in 2 contracts
Samples: Supplemental Indenture (Clearwire Corp /DE), Indenture (Clearwire Corp /DE)
Control by Holders. The Holders of not less than a majority 50% or more in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Medpartners Inc, Olsten Corp
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Debt Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to the Debt Securities; provided, that:
Appears in 2 contracts
Samples: Indenture (Matrix Bancorp Inc), Investorsbancorp Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, PROVIDED that:
Appears in 2 contracts
Samples: Indenture (Baytex Energy LTD), United Stationers Supply Co
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to the Securities; provided, provided that:
Appears in 2 contracts
Samples: Epicept Corporation (Epicept Corp), Epicept Corporation (Epicept Corp)
Control by Holders. The Holders of not less than at least a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided, that:
Appears in 2 contracts
Samples: Indenture (Hilb Rogal & Hamilton Co /Va/), Indenture (Speedway Motorsports Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount Principal Amount at Issuance of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Control by Holders. The Holders of not less than at least a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 2 contracts
Samples: Indenture (Blount International Inc), CTR Manufacturing Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Indenture (Us Foodservice/Md/), Tultex Corp
Control by Holders. The Holders of not less than a majority in aggregate principal amount at maturity of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Restructuring Agreement (Upc Polska Inc), Indenture (Entertainment Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the any series of Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; providedTrustee under this Article V with respect to such series, provided that:
Appears in 2 contracts
Samples: Indenture (Geo MCF Lp, LLC), Geo MCF Lp, LLC
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right right, subject to Section 6.3 hereof, to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 2 contracts
Samples: Superior National Insurance Group Inc, Symons International Group Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any tranche shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities of such tranche, provided that:
Appears in 2 contracts
Samples: Indenture (Nomura America Finance, LLC), Nomura America Finance, LLC
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the then Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Indenture (Us Industries Inc), Millennium Chemicals Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:provided that -------- (1) such direction shall not be in conflict with any rule of law or with this Indenture, and
Appears in 2 contracts
Control by Holders. The Holder or Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; , provided, that:
Appears in 2 contracts
Samples: Indenture (Kerzner International Employment Services LTD), Ekco Group Inc /De/
Control by Holders. The Holders of not less than a majority in aggregate principal amount at maturity of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Indenture (Qwest Communications International Inc), Qwest Communications International Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities (or, as the case may be, the holders of a majority in aggregate Liquidation Amount of Preferred Securities outstanding) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 2 contracts
Samples: Deerfield Triarc Capital Corp, Deerfield Triarc Capital Corp
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, with respect to the Securities, provided that:
Appears in 2 contracts
Samples: assets.nfg.com, Phoenix Companies Inc/De
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, that:PROVIDED that the Trustee may seek the advice of counsel and
Appears in 2 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Control by Holders. The Holder or Holders of not less than a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Indenture (HPSC Inc), HPSC Inc
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided, that:
Appears in 2 contracts
Samples: Allegheny Ludlum Corp Et Al, Allegheny Ludlum Corp Et Al
Control by Holders. The Holders of not less than a majority in aggregate principal amount Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or Collateral Agent or exercising any trust or power conferred on the Trustee; providedTrustee or Collateral Agent, provided that:
Appears in 2 contracts
Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Guardian II Acquisition CORP)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee, PROVIDED that (a) such direction shall not be in conflict with any rule of law or with this Indenture (including, without limitation, Section 507) or any Guarantee, expose the Trustee to personal liability, or be unduly prejudicial to Holders not joining therein; provided, that:and
Appears in 2 contracts
Samples: Supplemental Indenture (Brooks Pharmacy, Inc.), Brooks Pharmacy, Inc.
Control by Holders. The Holders of not less than a majority in aggregate principal ------------------ amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided, provided that:
Appears in 2 contracts
Samples: Indenture (Exodus Communications Inc), Registration Rights Agreement (Exodus Communications Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount interest of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities; provided, however, that:
Appears in 2 contracts
Samples: Shareholders Agreement, Indenture (Chrysler Group LLC)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities shall have the right exercisable by Act of such Holders to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustees, or exercising any trust or power conferred on the Trustee; providedTrustees, with respect to the Securities, provided that:
Appears in 2 contracts
Samples: sec.report, sec.report