Common use of Company-Owned Notes Disregarded Clause in Contracts

Company-Owned Notes Disregarded. In determining whether the holders of the requisite aggregate principal amount of Notes have concurred in any direction, consent, waiver or other action under this Indenture, Notes that are owned by the Company (other than any Notes held in a fiduciary or agency capacity) or any other obligor on the Notes or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Notes shall be disregarded and deemed not to be outstanding for the purpose of any such determination; provided, however, that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver or other action, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Synovus Financial Corp), Synovus Financial Corp

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Company-Owned Notes Disregarded. In determining whether the holders Holders of the requisite aggregate principal amount of Notes have concurred in any direction, consent, waiver or other action under this Indenture, Notes that are owned by the Company (other than Company, by any Notes held in a fiduciary or agency capacity) or any other obligor on the Notes Subsidiary thereof or by any person Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Notes Subsidiary thereof shall be disregarded and deemed not to be outstanding for the purpose of any such determination; provided, however, provided that for the purposes of determining whether the Trustee shall be protected in conclusively relying on any such direction, consent, waiver or other action, action only Notes that the Trustee a Responsible Officer actually knows are so owned shall be so disregarded.. Notes so owned that have been pledged in good faith may be regarded as outstanding for the purposes of this Section

Appears in 1 contract

Samples: Indenture (Pacira Pharmaceuticals, Inc.)

Company-Owned Notes Disregarded. In determining whether the holders of the requisite aggregate principal amount of Notes have concurred in any direction, consent, waiver or other action under this Indenture, Notes that are owned by the Company (other than any Notes held in a fiduciary or agency capacity) or any other obligor on the Notes or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Notes shall be disregarded and deemed not to be outstanding for the purpose of any such determination; provided, however, that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver or other action, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Synovus Financial Corp)

Company-Owned Notes Disregarded. In determining whether the holders Holders of the requisite aggregate principal amount of outstanding Notes have concurred in any direction, consent, consent or waiver or other action under this Indenture, Notes that which are owned by the Company (other than any Notes held in a fiduciary or agency capacity) or any other obligor on the Notes or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Notes shall be disregarded and deemed not to be outstanding for the purpose of any such determination; providedprovided that, however, that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver consent or other actionwaiver, only Notes that which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.. Notes so owned which have been pledged in

Appears in 1 contract

Samples: Senior Unsecured Note Indenture (Nevada Power Co)

Company-Owned Notes Disregarded. In determining ------------------------------- whether the holders of the requisite aggregate principal amount of Notes have concurred in any direction, consent, consent or waiver or other action under this Indenture, Notes that are owned by the Company (other than any Notes held in a fiduciary or agency capacity) or any other obligor on the Notes or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Notes shall be disregarded and deemed not to be outstanding Outstanding for the purpose of any such determination; provided, however, that for the purposes of determining whether -------- ------- the Trustee shall be protected in relying on any such direction, consent, consent or waiver or other action, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Emc Corp

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Company-Owned Notes Disregarded. In determining whether the holders Holders of the requisite aggregate principal amount of Notes have concurred in any direction, consent, waiver or other action under this Indenture, Notes that are owned by the Company (other than Company, by any Notes held in a fiduciary or agency capacity) or any other obligor on the Notes Subsidiary thereof or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company or any other obligor on Subsidiary thereof (excluding any Investor (as defined in the Notes Investment Agreement)) shall be disregarded and deemed not to be outstanding for the purpose of any such determination; provided, however, provided that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver or other action, action only Notes that the Trustee knows are so owned in respect of which a Responsible Officer is notified in writing shall be so disregarded.. Notes so owned that have been pledged in good faith may be regarded as outstanding for the purposes of this Section

Appears in 1 contract

Samples: Indenture (iQIYI, Inc.)

Company-Owned Notes Disregarded. In determining whether the holders Holders of the requisite aggregate principal amount of Notes have concurred in any request, demand, direction, authorization, notice, consent, waiver or other action under this IndentureIndenture (including for purposes of ‎Article 6 and ‎Article 10), Notes that are owned by the Company (other than any Notes held in a fiduciary or agency capacity) or any other obligor on the Notes or by any person Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Notes shall be disregarded and deemed not to be outstanding for the purpose of any such determination; provided, however, provided that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver or other action, action only Notes that the Trustee a Responsible Officer actually knows are so owned shall be so disregarded.. Notes so owned that have been pledged in good faith may be regarded as outstanding for the purposes of this ‎‎Section ​

Appears in 1 contract

Samples: WEIBO Corp

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