Common use of Control by Holders Clause in Contracts

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)

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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

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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

Samples: Indenture (Riggs National Corp), Riggs Capital Ii

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

Samples: WCHS Licensee LLC, Indenture (Jakks Pacific Inc)

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

Samples: Lexmark International Group Inc, FLN Finance 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 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

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