Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 20 contracts
Sources: Indenture (Identive Group, Inc.), Indenture (Epicor Software Corp), Indenture (Brocade Communications Systems Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; , and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 19 contracts
Sources: Indenture (Kyndryl Holdings, Inc.), Indenture (Hp Inc), Indenture (Hewlett Packard Enterprise Co)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of the Securities of that series, or any other series, such series not taking part in such direction; , or to the Holders of the Securities of any other series, and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 16 contracts
Sources: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)
Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding Securities of any series 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 upon the Trustee, Trustee with respect to the Securities of such that series, ; provided that
(1) such direction shall not be in conflict with any applicable rule of law or with this Indenture and Indenture;
(2) the Trustee shall not have determined determine that the action so directed would be unjustly unduly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 13 contracts
Sources: Senior Indenture (Mohawk Industries Inc), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 9 contracts
Sources: Indenture (Chapman Construction Co., L.P.), Indenture (Chattem Inc), Indenture (Precision Computer Systems Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection, and
(3) the Trustee shall not determine that the action so directed would be unjustly prejudicial to Holders not taking part in such action.
Appears in 8 contracts
Sources: Indenture (Public Service Co of Oklahoma), Indenture (Public Service Co of Oklahoma), Indenture (Public Service Co of Oklahoma)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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, Trustee with respect to the Securities of such seriesseries and any Coupons appertaining thereto, provided PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction or this Indentureis not unduly prejudicial to the rights of other Holders of Securities of such series.
Appears in 5 contracts
Sources: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Senior Indenture (National City Corp)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series 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 of such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, such series not taking part in such direction; , and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 4 contracts
Sources: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, ; provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 4 contracts
Sources: Indenture (FISERV FUNDING UNLIMITED Co), Indenture (Express Scripts Inc), Indenture (Express Scripts Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and
(2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction or this Indenture.
Appears in 4 contracts
Sources: Indenture (Energy Conversion Devices Inc), Indenture (Cell Genesys Inc), Indenture (NPS Pharmaceuticals Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined that the action so directed would not be unjustly prejudicial to the Holders of any Securities of that series, or any other series, series with respect to which the Trustee is the Trustee not taking part in such direction; and,
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection, and
(4) the Trustee shall be indemnified as hereinafter provided.
Appears in 4 contracts
Sources: Indenture (Belo a H Corp), Trust Indenture (Tribune Co), Indenture (Tribune Co)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) that such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and
(2) and the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction or this Indenture.
Appears in 3 contracts
Sources: Indenture (Omeros Corp), Indenture (Sigma Designs Inc), Indenture (Sigma Designs Inc)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series 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 such series, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction direction, and
(c) the Trustee need not take any action which might involve it in personal liability or this Indenturebe unduly prejudicial to the Holders of Securities of such series not consenting.
Appears in 3 contracts
Sources: Exhibit (Eaton Corp PLC), Exhibit (Cooper Wiring Devices, Inc.), Execution Version (Eaton Corp PLC)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Debt Securities of any series 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, Trustee with respect to the Debt Securities of such series, ; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture;
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of any Debt Securities of that series, or any other series, series not taking part in such directiondirection with respect to which the Trustee is acting as the Trustee; and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 3 contracts
Sources: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising to exercise any trust or power conferred on the Trustee, with respect to the Securities of such series, provided thatPROVIDED THAT:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture;
(b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, series not taking part in such direction; and
(2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 3 contracts
Sources: Indenture (Golden Star Resources LTD), Indenture (Stillwater Mining Co /De/), Indenture (Patterson Energy Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of the Securities of that series, or any other series, such series not taking part in such direction; , or to the Holders of the Securities of any other series, and
(2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 3 contracts
Sources: Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 2 contracts
Sources: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp)
Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding Securities of any series 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 upon the Trustee, Trustee with respect to the Securities of such that series, ; provided that
(1) such direction shall not be in conflict with any applicable rule of law or with this Indenture and Indenture;
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 2 contracts
Sources: Senior Indenture (Cross Equipment Company, Inc.), Subordinated Indenture (Cross Equipment Company, Inc.)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of the Securities of that series, or any other series, such series not taking part in such direction; , or to the Holders of the Securities of any other series, and
(2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 2 contracts
Sources: Indenture (Willis Netherlands Holdings B.V.), Indenture (About, Inc.)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such seriesseries and any Coupons appertaining thereto, provided PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) such direction or this Indentureis not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 2 contracts
Sources: Indenture (Questar Gas Co), Indenture (Questar Market Resources Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 2 contracts
Sources: Indenture (SVB Financial Group), Indenture (SVB Financial Group)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series 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 such series, ; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; , and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 2 contracts
Sources: Indenture (Nabors Industries Inc), Indenture (Nabors Industries Inc)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any all series affected by an Event of Default (determined as provided in Section 5.2 and as one 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 Outstanding Securities of such affected series, provided thatin each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction direction, and
(3) the Trustee need not take any action which might involve it in personal liability or this Indenturebe unjustly prejudicial to the Holders of Outstanding Securities of such affected series not consenting.
Appears in 1 contract
Sources: Indenture (Transalta Corp)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such seriesSecurities, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) the action so directed would not be prejudicial to Holders of any other series of Outstanding Securities not taking part in such action; provided, further, that the Trustee shall be under no obligation to determine whether any such direction or this Indentureshall be so prejudicial.
Appears in 1 contract
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and
(2) the Trustee may take any other action deemed proper by the Trustee which trustee that is not inconsistent with such direction or this Indenture.
Appears in 1 contract
Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding then outstanding Securities of any series 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 upon the Trustee, with respect to the Securities of such series, provided ; PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of such series of Securities of that series, or any other series, not taking part in such direction; , and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract
Sources: Indenture (Ggri Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided thatthat -------- ----
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined that the action so directed would not be unjustly prejudicial to the Holders of any Securities of that series, or any other series, series with respect to which the Trustee is the Trustee not taking part in such direction; and,
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection, and
(4) the Trustee shall be indemnified as hereinafter provided.
Appears in 1 contract
Sources: Indenture (Tribune Co)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; , and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract
Sources: Standard Multiple Series Indenture Provisions (Aristar Inc)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Debt Securities of any series 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, Trustee with respect to the Debt Securities of such series, ; provided that
that (1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture; (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of any Debt Securities of that series, or any other series, series not taking part in such directiondirection with respect to which the Trustee is acting as the Trustee; and
and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract
Sources: Indenture (Unilever PLC)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Debt Securities of any series 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, Trustee with respect to the Debt Securities of such series, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture;
(b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of any Debt Securities of that series, or any other series, series not taking part in such directiondirection with respect to which the Trustee is acting as the Trustee; and
(2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract
Sources: Indenture (Axa)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided provided, that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture;
(b) the Trustee shall not have determined that the action so directed would not be unjustly prejudicial to the Holders of any Securities of that series, or any other series, series with respect to which the Trustee is the Trustee not taking part in such direction; and
(2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract
Sources: Indenture (Dusa Pharmaceuticals Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such directiondirection and indemnification is provided to the Trustee under Section 6.3(5); and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 1 contract
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; , and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.
Appears in 1 contract
Sources: Indenture (Hewlett Packard Co)
Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding then outstanding Securities of any series 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 upon the Trustee, with respect to the Securities of such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of such series of Securities of that series, or any other series, not taking part in such direction; , and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any particular series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee with respect to the Securities of that series or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such seriesSecurities, provided provided, however, that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture and could not involve the Trustee shall not have determined that the action so directed would in personal liability or be unjustly prejudicial to the Holders of Outstanding Securities of that such series, or any other series, not taking part in such direction; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract
Sources: Indenture (Abitibi Consolidated Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place pace 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined that the action so directed would not be unjustly prejudicial to the Holders of any Securities of that series, or any other series, series with respect to which the Trustee is the Trustee not taking part in such direction; and,
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection, and
(4) the Trustee shall be indemnified as hereinafter provided.
Appears in 1 contract
Sources: Indenture (Tribune Co)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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 such series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture,
(2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; , and
(23) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction or this Indenturedirection.
Appears in 1 contract