Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 5 contracts
Samples: Indenture (Kaufman & Broad Home Corp), Indenture (Kaufman & Broad Home Corp), Indenture (Kaufman & Broad Home Corp)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided provided, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further provided, further, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 4 contracts
Samples: Citizens Communications Co, Stillwater Mining Co /De/, Global Crossing LTD
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.16.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of two or more directors or Responsible Officers responsible officers of the Trustee Trustee, which may include Trust Officers, shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 3 contracts
Samples: Section Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED, that such Holders shall have offered to the Trustee such reasonable indemnity as it may require against costs, expenses and liabilities to be incurred therein or thereby, and PROVIDED FURTHER, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.16.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by nationally recognized counsel in writing or by an opinion of counsel, shall reasonably determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.16.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action reasonably deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 3 contracts
Samples: Nvidia Corp/Ca, Nvidia Corp/Ca, Nvidia Corp/Ca
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided provided, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further provided, further, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (McKesson Corp), Indenture (Healthsouth Corp), McKesson Financing Trust Iv
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (Metromedia Fiber Network Inc), Indenture (Unionbancal Corp), Citizens Communications Co
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED, that such Holders shall have offered to the Trustee such reasonable indemnity as it may require against costs, expenses and liabilities to be incurred therein or thereby, and PROVIDED FURTHER, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 3 contracts
Samples: Indenture (Commonwealth Edison Co), Indenture (Exelon Corp), Exelon Corp
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.17.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by nationally recognized counsel in writing or by an opinion of counsel, shall reasonably determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.17.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action reasonably deemed proper by the Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 2 contracts
Samples: Trust Indenture (First Responder Systems & Technology Inc.), Trust Indenture (First Responder Systems & Technology Inc.)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further PROVIDED FURTHER that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 2 contracts
Samples: Indenture (Lubrizol Corp), Indenture (Lubrizol Corp)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture, and provided further provided, further, that (subject to the provisions of Section 6.17.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve expose the Trustee in to personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.17.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing As between the Trustee and the Holders of the Securities, nothing in this Indenture 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 directions by Securityholders.
Appears in 2 contracts
Samples: Endurance Specialty Holdings LTD, MRH Capital Trust I
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect or, in the case of such Securities issued to a QCH Capital Trust, the holders of not less than 33% in liquidation amount of the Preferred Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), QCH Capital Trust then outstanding) shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture, and provided further provided, further, that (subject to the provisions of Section 6.17.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve expose the Trustee in to personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.17.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing As between the Trustee and the Holders of the Securities and holders of Preferred Securities, nothing in this Indenture 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 directions by SecurityholdersSecurityholders or such holders.
Appears in 1 contract
Samples: Quanta Capital Holdings LTD
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture, and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.17.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve expose the Trustee in to personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.17.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing As between the Trustee and the Holders of the Securities, nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Idaho Power Co
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED that such Holders shall have offered to the Trustee such reasonable indemnity as it may require against costs, expenses and liabilities to be incurred therein or thereby; and PROVIDED, FURTHER, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Exelon Corp
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further Indenture, PROVIDED FURTHER that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Outstanding Securities of such series, as the case may be, series not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture, and provided further provided, further, that (subject to the provisions of Section 6.17.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall reasonably determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall reasonably determine that the action or proceedings so directed would involve expose the Trustee in to personal liability or would be contrary to the provisions hereof, or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.17.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing As between the Trustee and the Holders of the Securities, nothing in this Indenture 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 directions by SecurityholdersHolders.
Appears in 1 contract
Samples: Indenture (Sirius International Insurance Group, Ltd.)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.16.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of two or more directors or Responsible Officers responsible officers of the Trustee Trustee, which may include Trust Officers, shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Control by Holders of Securities. Except as otherwise provided with respect Subject to the Securities provisions of any series as contemplated by Section 2.36.02(h) of this Indenture, the Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided provided, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further provided, further, that (subject to the provisions of Section 6.16.01) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.16.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Discovery Communications, Inc.
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each affected series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 such Securities of all series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and shall not expose the Trustee to personal liability; and provided further further, that (subject to the provisions of Section 6.111.02) the Trustee shall have the right to decline to follow any such direction (a) if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of the Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.111.02) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which that is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Frontier Communications Corp
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided provided, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further provided, further, that (subject to the provisions of Section 6.17.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.17.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Citizens Communications Co
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), at the time 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 with respect to the Securities of all such series so affected or with respect pursuant to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Freeport McMoran Resource Partners Limited Partnership)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority -------------------------------- in aggregate principal amount of (i) the Securities of all each series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law -------- and the provisions of this Indenture and provided further that (subject to the -------- ------- provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which that is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: Household International Inc
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED, that such Holders shall have offered to the Trustee such reasonable indemnity as it may require against costs, expenses and liabilities to be incurred therein or thereby, and PROVIDED, FURTHER, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (A) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (B) if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (C) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Oglethorpe Power Corp)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided provided, however, that such direction shall not -------- ------- be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further provided, further, that (subject to the provisions of Section 6.18.1) the -------- ------- ----------- Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board Board of directorsDirectors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearance specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it . It being understood that (subject to Section 6.18.1) the Trustee shall have no duty to ----------- ascertain whether or not such actions or forebearances forbearance are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which that is not inconsistent with such direction or directions by Securityholders.the Holders. Upon receipt by the Trustee of any written notice directing the time, method or place of conducting any such proceeding or exercising any such trust or power, with respect to Securities all or part of which are represented by a Global Security, a record date shall be established for determining Holders of Outstanding Securities entitled to join in such notice, which record date shall be at the close of business on the day the Trustee receives such notice. The Holders on such record date, or their duly designated proxies, and only such Persons, shall be entitled to join in such notice, whether or not such Holders remain Holders after such record date; provided, however, that unless the -------- ------- Holders of a majority in principal amount of the Outstanding Securities shall have joined in such notice prior to the day which is 90 days after such record date, such notice shall automatically and without further action by any Holder be canceled and of no further effect. Nothing in this paragraph shall prevent a Holder, or a proxy of a Holder, from giving, after expiration of such 90-day period, a new notice identical to a notice which has been canceled pursuant to the proviso to the preceding sentence, in which event a new record date shall be established pursuant to the provisions of this Section 7.9. -----------
Appears in 1 contract
Samples: New Millennium Homes LLC
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.17.01) the Trustee shall have the right to decline to follow any such direction if the Trustee has not received such reasonable indemnity and security as it may require against costs, expenses and liabilities to be incurred by it or if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directorsboard, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.17.01) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Deutsche Bank Aktiengesellschaft
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further provided, further, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: CBRL Group Inc
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, and place of conducting any proceeding for any remedy available to the Indenture Trustee, or exercising any trust or power conferred on the Indenture Trustee with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.16.01) the Indenture Trustee shall have the right to decline to follow any such direction if the Indenture Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Indenture Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Indenture Trustee shall determine that the action or proceedings so directed would involve the Indenture Trustee in personal liability or if the Indenture Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.16.01) the Indenture Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture shall impair the right of the Indenture Trustee in its discretion to take any action deemed proper by the Indenture Trustee and which is not inconsistent with such direction or directions by Securityholders.
Appears in 1 contract
Samples: GW Capital Trust II
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in -------------------------------- aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED, that such Holders shall have offered to the Trustee such reasonable indemnity as it may require against costs, expenses and liabilities to be incurred therein or thereby, and PROVIDED FURTHER, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken taken; or (b) if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Indenture (C Cor Net Corp)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture, and provided further PROVIDED, FURTHER, that (subject to the provisions of Section 6.17.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, committee or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve expose the Trustee in to personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood -40- that (subject to Section 6.17.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing As between the Trustee and the Holders of the Securities, nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Idaho Power Co
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a -------------------------------- majority in aggregate principal amount of (i) the Securities of all each series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided PROVIDED that such direction shall not be otherwise than in -------- accordance with law and the provisions of this Indenture and provided further PROVIDED FURTHER ---------------- that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, at the Securities of any series affected (with each such series voting as a separate class), time 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 with respect to the Securities of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture and provided further that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers responsible officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all any series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Unisys Corp)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all each series affected (with all such each series voting as a single separate class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any series affected (with each such series voting as a separate class), shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture, the Securities of such series or the accompanying Guarantees; and provided further provided, further, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine that the action or proceedings so directed would involve the Trustee in personal liability or if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture Indenture, the Securities of such series or the accompanying Guarantees 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 directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Cbocs Sierra Inc)
Control by Holders of Securities. Except as otherwise provided with respect to the Securities of any series as contemplated by Section 2.3, the The Holders of a majority in aggregate principal amount of (i) the Securities of all series affected (with all such series voting as a single class) at the time Outstanding or (ii) if provided with respect to the Securities of any series as contemplated by Section 2.3, the Securities of any each series affected (with each such series voting as a separate class), ) at the time Outstanding shall have the right to direct the time, method, 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 of all such series so affected or with respect to the Securities of such series, as the case may be, by this Indenture; provided provided, that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture Indenture; and provided further provided, further, that (subject to the provisions of Section 6.1) the Trustee shall have the right to decline to follow any such direction if (a) the Trustee, being advised by counsel, shall determine that the action or proceeding so directed may not lawfully be taken or taken; (b) if the Trustee in good faith by its board of directors, the executive committee, or a trust committee of directors or Responsible Officers of the Trustee shall determine in good faith that the action or proceedings so directed would involve the Trustee in personal liability liability; or (c) if the Trustee in good faith shall so determine that the actions or forebearances forbearances specified in or pursuant to such direction would be unduly prejudicial to the interests of Holders of the Securities of all affected series so affected or with respect to the Securities of such series, as the case may be, not joining in the giving of said direction, it being understood that (subject to Section 6.1) the Trustee shall have no duty to ascertain whether or not such actions or forebearances forbearances are unduly prejudicial to such Holders. Nothing in this Indenture 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 directions by Securityholders.
Appears in 1 contract
Samples: Indenture (Shapeways Holdings, Inc.)
