Common use of Control by Majority Clause in Contracts

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 301 contracts

Samples: Integrated Alarm Services (Integrated Alarm Services Group Inc), Supplemental Indenture (Cinemark Holdings, Inc.), Indenture (Ventas Inc)

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Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 219 contracts

Samples: Supplemental Indenture (Firstcash, Inc), Indenture (HC2 Holdings, Inc.), Supplemental Indenture (Firstcash, Inc)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 71 contracts

Samples: Indenture (CGG), Indenture (Global Partners Lp), Indenture (Hornbeck Offshore Services Inc /La)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or under this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.Indenture; provided that:

Appears in 47 contracts

Samples: Indenture (Ardagh Finance Holdings S.A.), Indenture (Royal Caribbean Cruises LTD), Indenture (Ardagh Finance Holdings S.A.)

Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 43 contracts

Samples: Indenture (Brightstar Corp.), Intercreditor Agreement (DJO Finance LLC), Indenture (Nielsen Holdings PLC)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 37 contracts

Samples: Indenture (Viper Energy Partners LP), Indenture (Rattler Midstream Lp), Supplemental Indenture (Bonanza Creek Energy, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 29 contracts

Samples: Db Trustees (Melco Crown Entertainment LTD), Db Trustees (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Holders, or that may involve the Trustee in personal liability.

Appears in 22 contracts

Samples: Indenture (Icf Kaiser International Inc), Indenture (Majestic Investor Capital Corp), Indenture (Clark Material Handling Co)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverSubject to Section 7.1 and Section 7.2, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture; provided, however, that the Trustee determines may be unduly prejudicial to the rights of take any other Holders of Notes or that may involve action deemed proper by the Trustee in personal liabilitythat is not inconsistent with such direction.

Appears in 20 contracts

Samples: Financing Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)

Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.

Appears in 20 contracts

Samples: Indenture (Quintiles IMS Holdings, Inc.), Indenture (IMS Health Holdings, Inc.), Indenture (West Corp)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Supplemental Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 19 contracts

Samples: Indenture (Ball Corp), Indenture (Ball Corp), Indenture (Hecla Mining Co/De/)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct direct, in writing, the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 16 contracts

Samples: Supplemental Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Supplemental Indenture (Melco Resorts & Entertainment LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 15 contracts

Samples: Indenture (Lifepoint Health, Inc.), Indenture (Lifepoint Hospitals, Inc.), Indenture (Polypore International, Inc.)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverSubject to Section 7.1 and Section 7.2, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture; provided, however, that the Trustee determines may be unduly prejudicial to the rights of take any other Holders of Notes or that may involve action deemed proper by the Trustee in personal liabilitythat is not inconsistent with such direction.

Appears in 15 contracts

Samples: Elan Finance (Elan Corp PLC), Indenture (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Vitro Sa De Cv)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be Indenture, is unduly prejudicial to the rights of other Holders of Notes Holders, or that may would involve the Trustee in personal liability.

Appears in 15 contracts

Samples: Indenture (NTL Communications Corp), Indenture (NTL Communications Corp), Bridge Loan Agreement (NTL Inc /De/)

Control by Majority. Holders of a majority in principal amount at maturity of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 14 contracts

Samples: Indenture (Consolidated Container Co LLC), Sba Communications Corp, Indenture (Centennial Communications Corp)

Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 13 contracts

Samples: Indenture (CBS Outdoor Americas Inc.), Indenture (Microsemi Corp), Indenture (OUTFRONT Media Inc.)

Control by Majority. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or under this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.Indenture; provided, that:

Appears in 13 contracts

Samples: Indenture (InterXion Holding N.V.), Indenture (Hungarian Telephone & Cable Corp), Indenture (Hungarian Telephone & Cable Corp)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and shall be entitled to the benefit of Sections 7.1(c)(iii) and (e) hereof.

Appears in 12 contracts

Samples: Regulation S Global Note (Nb Finance Corp), Indenture (Oak Ridger LLC), Superior Essex Inc

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityNotes.

Appears in 12 contracts

Samples: Indenture (Inergy L P), Indenture (Inergy L P), Indenture (Chesapeake Midstream Partners Lp)

Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee without any liability to the Trustee. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 12 contracts

Samples: Indenture (Freescale Semiconductor Holdings I, Ltd.), Indenture (NXP Semiconductors N.V.), Supplemental Indenture (Freescale Semiconductor, Ltd.)

Control by Majority. Holders of a majority in principal amount of the then then-outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 12 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), TransDigm Group INC

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be is unduly prejudicial to the rights of other Holders another Holder of Notes Notes, or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such direction.

Appears in 11 contracts

Samples: Indenture (Owens-Illinois Healthcare Packaging Inc.), Escrow Agreement (Owens-Illinois Group Inc), Indenture (Owens Illinois Group Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 11 contracts

Samples: Indenture (Jones Energy, Inc.), Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with the law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 11 contracts

Samples: Escrow Agreement (Echostar DBS Corp), Indenture (Echostar Broadband Corp), Indenture (Transtel S A)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.

Appears in 11 contracts

Samples: Indenture (Charter Communications Inc /Mo/), CCH Ii Capital Corp, Charter Communications Inc /Mo/

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 10 contracts

Samples: Supplemental Indenture (DRS Technologies Inc), Supplemental Indenture (DRS Technologies Inc), Bridge Loan Agreement (Hanesbrands Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itTrustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 10 contracts

Samples: Indenture (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee, subject to receipt by the Trustee of security and indemnity satisfactory to the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 10 contracts

Samples: Supplemental Indenture (Fti Consulting Inc), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it, including, without limitation, any remedies provided for in Section 6.3. However, the Trustee may refuse to follow any direction that conflicts with law law, the Notes or this Indenture Indenture, or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes another Securityholder or that may involve the Trustee in personal liability.

Appears in 10 contracts

Samples: Indenture (Vertis Inc), Indenture (Webcraft LLC), Indenture (Vertis Inc)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve result in the Trustee in personal liabilityincurrence of liability by the Trustee.

Appears in 9 contracts

Samples: Registration Rights Agreement (Appalachian Realty Co), Indenture (Stericycle Inc), Nextwave Personal Communications Inc

Control by Majority. Subject to certain limitations, Holders of a majority in principal amount of the Notes that are then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising in its exercise of any trust or power conferred on itpower. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Securities or that may involve the Trustee in personal liability.

Appears in 9 contracts

Samples: Indenture (Clearway Energy LLC), Indenture (NRG Energy, Inc.), Indenture (NRG Yield, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of other Holders of Notes or that may would involve the Trustee in personal liability.

Appears in 9 contracts

Samples: Indenture (Ultra Petroleum Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 9 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD), Indenture (Sappi LTD)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal Personal liability.

Appears in 8 contracts

Samples: Indenture (Wheeling Pittsburgh Corp /De/), Indenture (Wheeling Pittsburgh Steel Corp /De), Wheeling Pittsburgh Steel Corp /De

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on it. Howeverthe Trustee, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.provided, however, that:

Appears in 8 contracts

Samples: Indenture (Alestra), Indenture (Verio Inc), RCN Corp /De/

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Collateral Agreements that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityliability or expense.

Appears in 8 contracts

Samples: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes or that may would involve the Trustee in personal liability.

Appears in 8 contracts

Samples: Indenture (Goodrich Petroleum Corp), Purchase Agreement (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverSubject to Sections 7.1 and 7.2, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture; provided, however, that the Trustee determines may be unduly prejudicial to the rights of take any other Holders of Notes or that may involve action deemed proper by the Trustee in personal liabilitythat is not inconsistent with such direction.

Appears in 8 contracts

Samples: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Coleman Cable, Inc.

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 7 contracts

Samples: Supplemental Indenture (Callon Petroleum Co), Indenture (RSP Permian, Inc.), Intercreditor Agreement (Callon Petroleum Co)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes Debentures may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Debentures or that may involve the Trustee in personal liability.

Appears in 7 contracts

Samples: Execution (Aki Inc), Indenture (Anthony Crane Rental Holdings Lp), Anthony Crane Holdings Capital Corp

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action consistent with this Indenture relating to any such direction.

Appears in 7 contracts

Samples: Indenture (Mobile Storage Group Inc), Supplemental Indenture (Local Insight Yellow Pages, Inc.), Indenture (Salton Maxim Housewares Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 7 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), TICC Capital Corp.

Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of other Holders of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 6 contracts

Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)

Control by Majority. (a) Subject to certain limitations, Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place Trustee in its exercise of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial respect to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityNotes.

Appears in 6 contracts

Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and shall be entitled to the benefit of Sections 7.1(c)(iii) and (e).

Appears in 6 contracts

Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.

Appears in 6 contracts

Samples: Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/), Indenture (Orion Power Holdings Inc)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Agreement that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 6 contracts

Samples: Indenture (Sac Holding Corp), Indenture (Amerco /Nv/), Amerco /Nv/

Control by Majority. Holders of at least a majority in aggregate principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 6 contracts

Samples: Supplemental Indenture (Regency Energy Partners LP), Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP)

Control by Majority. Holders of a majority in principal amount of the then then-outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law law, this Indenture, the Security Documents or this Indenture the Intercreditor Agreement that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 6 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), TransDigm Group INC

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may issued hereunder shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 6 contracts

Samples: Indenture (Aramark), Indenture (Aramark), Indenture (Aramark)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 6 contracts

Samples: Supplemental Indenture (CVR Energy Inc), Supplemental Indenture (CVR Partners, Lp), Indenture (LSB Industries Inc)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Supplemental Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: First Supplemental Indenture (Suburban Propane Partners Lp), Third Supplemental Indenture (Suburban Propane Partners Lp), Second Supplemental Indenture (Suburban Propane Partners Lp)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.

Appears in 5 contracts

Samples: Covenants (360networks Inc), 360networks Inc, Charter Communications Holdings Capital Corp

Control by Majority. Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (Tesoro Logistics Lp), Indenture (Tesoro Logistics Lp), Indenture (Tesoro Corp /New/)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityNotes.

Appears in 5 contracts

Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc), Indenture (Surgical Specialties UK Holdings LTD), Indenture (Tercentenary Holdings, Corp.)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Supplemental Indenture (Kraton Polymers LLC), Supplemental Indenture (IASIS Healthcare LLC), Nci Building Systems Inc

Control by Majority. Subject to certain limitations, Holders of a majority in principal amount of the Notes that are then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising in its exercise of any trust or power conferred on itpower. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (NRG Energy, Inc.), Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. HoweverIn addition, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)

Control by Majority. The Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (Hca Inc/Tn), Indenture (Toys R Us Inc), Indenture (Western Refining, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Supplemental Indenture (B&G Foods, Inc.), Supplemental Indenture (B&G Foods, Inc.), Supplemental Indenture (Polaner Inc)

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Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may may, in writing, direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may may, in good faith as determined by a Responsible Officer of the Trustee, refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Notes, or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (SunCoke Energy, Inc.), Indenture (SunCoke Energy Partners, L.P.), Indenture (SunCoke Energy Partners, L.P.)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in its sole discretion may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (H&E Equipment Services, Inc.), Paying Agent (H&E Equipment Services, Inc.), Paying Agent (Patrick Industries Inc)

Control by Majority. Holders of a majority in principal amount of the then then-outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (Catalent, Inc.), Supplemental Indenture (Dycom Industries Inc), Indenture (Harsco Corp)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 5 contracts

Samples: Indenture (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (EFIH Finance Inc.), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may (or such lesser amount as shall have acted at a meeting pursuant to the provisions of this Indenture) shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.that:

Appears in 5 contracts

Samples: Indenture (Lions Gate Entertainment Inc), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and shall be entitled to the benefit of Sections 7.1(c)(iii) and 7.1(e).

Appears in 5 contracts

Samples: Indenture (Crum & Forster Holdings Corp), Indenture (Total Gas & Electricity (PA) Inc), Indenture (Mobile Mini Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itit hereunder. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Indenture (Ciena Corp), Ciena Corp, Ciena Corp

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it, including the exercise of any remedy under any of the Collateral Documents. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), HWCC Shreveport Inc

Control by Majority. Subject to the provisions of the Collateral Trust Agreement, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Delta Energy Center, LLC, Calpine Corp, Delta Energy Center, LLC

Control by Majority. Subject to the terms of the Security Documents, the Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Indenture (Tops Holding Ii Corp), Indenture (Tops Holding Corp), Intercreditor Agreement (Tops PT, LLC)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Notes, or that may involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Prime Medical Services Inc /Tx/), Indenture (Criimi Mae Inc)

Control by Majority. Holders Subject to Article VII hereof, holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Indenture (Newcor Inc), Indenture (Golden Northwest Aluminum Holding Co), Exx Inc/Nv/

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or law, this Indenture that Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or any Note Guarantee, or that may would involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Senior Notes Indenture (We Co.), Senior Notes Indenture (WeWork Inc.), Pledge and Security Agreement (WeWork Inc.)

Control by Majority. Subject to certain restrictions, Holders of a majority in principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the terms of this Indenture that or if, subject to Section 8.01, the Trustee reasonably determines may that such action, if taken, would be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Goss Holdings Inc), Goss Holdings Inc, Goss Graphic Systems Inc

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc), Caraustar Industries Inc

Control by Majority. Subject to the terms of the Collateral Trust Agreement and certain other limitations, Holders of a majority in principal amount of the Notes that are then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising in its exercise of any trust or power conferred on itpower. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

Control by Majority. Holders of Notes may not enforce this Indenture or the Notes except as provided herein. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Metromedia Fiber Network Inc, Metromedia Fiber Network Inc, Metromedia Fiber Network Inc

Control by Majority. The Holders of not less than a majority in principal amount of the then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.Trustee; PROVIDED that

Appears in 3 contracts

Samples: Indenture (McLeodusa Inc), Execution Copy (Firstworld Communications Inc), Indenture (McLeodusa Inc)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper which is not inconsistent with any such direction.

Appears in 3 contracts

Samples: Indenture Assumption Agreement (Advanced Medical Inc), Von Hoffmann Holdings Inc, Graham Field Health Products Inc

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct are given the right to direct, in writing, the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, the Notes or the Notes Guarantees or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that or if, subject to Section 7.01, the Trustee reasonably determines may that such action, if taken, would be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Sterling Chemical Inc), Sterling Chemical Inc, Sterling Chemical Inc

Control by Majority. Subject to the terms of the Security Documents, the Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (ReFinance America, LTD), Indenture (Cenveo, Inc), Indenture (Cenveo, Inc)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or the Collateral Agent or exercising any trust or power conferred on it. However, either the Trustee or the Collateral Agent may refuse to follow any direction that conflicts with the law or this Indenture that the Trustee or the Collateral Agent, as applicable, determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee or the Collateral Agent in personal liability.

Appears in 3 contracts

Samples: Supplemental Indenture (Akumin Inc.), Contingent Value Rights Agreement (Akumin Inc.), Akumin Inc.

Control by Majority. Holders of not less than a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Parker Drilling Co /De/), Indenture (Quail Usa LLC), Parker Drilling Co /De/

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Notes, or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Df Special Holdings Corp, Delta Financial Corp, Matrix Capital Corp /Co/

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Summit Midstream Partners, LP), Indenture (Summit Midstream Partners, LP), Supplemental Indenture (Summit Midstream Partners, LP)

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. HoweverThe Trustee may, the Trustee may however, refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.

Appears in 3 contracts

Samples: License Agreement (Finlay Fine Jewelry Corp), License Agreement (Finlay Enterprises Inc /De), License Agreement (Finlay Fine Jewelry Corp)

Control by Majority. Holders of a majority in principal amount at maturity of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.

Appears in 3 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Holdings Capital Corp), Charter Communications Inc /Mo/

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or Indenture, that may involve the Trustee in personal liability, and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.

Appears in 3 contracts

Samples: Supplemental Indenture (Foster Wheeler Inc), Supplemental Indenture (Foster Wheeler LTD), Supplemental Indenture (Foster Wheeler Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be is unduly prejudicial to the rights of other Holders of Notes Noteholders, or that may would involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Station Casinos (Station Casinos Inc), Indenture (Station Casinos Inc), Indenture (Station Casinos Inc)

Control by Majority. Holders The holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be Indenture, is unduly prejudicial to the rights of other Holders of Notes Noteholders, or that may would involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Midcom Communications Inc), Registration Rights Agreement (P Com Inc), P Com Inc

Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may may, by written notice, direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in any personal liability.

Appears in 3 contracts

Samples: Indenture (Istar Financial Inc), Indenture (Thornburg Mortgage Inc), Fleming Companies Inc /Ok/

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes may (or such lesser amount as shall have acted at a meeting pursuant to the provisions of this Indenture) shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.that:

Appears in 3 contracts

Samples: Indenture (Ciphergen Biosystems Inc), Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Radisys Corp

Control by Majority. Subject to all provisions of this Indenture and applicable law, the Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.

Appears in 2 contracts

Samples: Security Agreement (Ocwen Financial Corp), Indenture (Ocwen Financial Corp)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes of a particular tranche may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itit with respect to the Notes of such tranche. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, or, subject to Section 7.1, that the Trustee determines may be is unduly prejudicial to the rights of other Holders of the Notes of the same tranche or that may would involve the Trustee in personal liability.

Appears in 2 contracts

Samples: Indenture (Stanley Works), Black & Decker Corp

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