Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 18 contracts
Sources: Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Co), Indenture (Lyondell Houston Refinery Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 10 contracts
Sources: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging Trust Inc), Guaranty Agreement (Kingston Plantation Development Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 9 contracts
Sources: First Supplemental Indenture (Dupont Fabros Technology, Inc.), Indenture, Indenture
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 7 contracts
Sources: Indenture (Spansion Inc.), Indenture (Intertape Woven Products Services S.A. De C.V.), Indenture (R H Donnelley Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 7 contracts
Sources: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (Vici Properties Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 7 contracts
Sources: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or 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 and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 7 contracts
Sources: Indenture (CSK Auto Corp), Indenture (United Musical Instruments Usa Inc), Indenture (Steinway Musical Instruments Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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, or that the . The Trustee determines in good faith may shall be unduly prejudicial entitled to the rights of Holders not joining in the giving of such direction and may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from the Holdersor this Indenture.
Appears in 6 contracts
Sources: Supplemental Indenture (CoreCivic, Inc.), Third Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes, not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 6 contracts
Sources: Senior Euro Notes Indenture (Viatel Inc), Senior Euro Notes Indenture (Viatel Inc), Senior Indenture (Viatel Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 6 contracts
Sources: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent consistent with any such direction received from the HoldersHolders of such Notes.
Appears in 6 contracts
Sources: Senior Notes Indenture (Loral Cyberstar Inc), Senior Notes Indenture (Loral Space & Communications LTD), Senior Notes Indenture (Loral Space & Communications LTD)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liabilityliability or expense that is not adequately indemnified in the judgment of the Trustee, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 5 contracts
Sources: Indenture (Swift Transportation Co), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 5 contracts
Sources: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes may 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. However, the Trustee may refuse to follow provided, however, that: -------- -------
(a) such direction shall not be in conflict with any direction that conflicts with rule of law or with this Indenture, that may involve any Note or any Note Guarantee or expose the Trustee in to personal liability, or that ; and
(b) the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from the Holdersdirection.
Appears in 5 contracts
Sources: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 5 contracts
Sources: Indenture (TVN Entertainment Corp), Indenture (Itc Deltacom Inc), Indenture (Itc Deltacom Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee pursuant to this Indenture. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 4 contracts
Sources: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action that it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 4 contracts
Sources: Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 3 contracts
Sources: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Corp), Indenture (Ak Steel Holding Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes of a series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes of such series. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the affected Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 3 contracts
Sources: Indenture (British American Tobacco p.l.c.), Indenture (Reynolds American Inc), Indenture (British American Tobacco p.l.c.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes then outstanding may 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. However, the Trustee may refuse to follow any direction that conflicts with law law, this Indenture or this Indenturethe Intercreditor Agreement, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 3 contracts
Sources: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC), Indenture (Enrestechnology LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 3 contracts
Sources: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 3 contracts
Sources: Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action that it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 3 contracts
Sources: Indenture (QualityTech, LP), Indenture (QualityTech, LP), Indenture (QTS Realty Trust, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction direction, and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Sources: Indenture (Ultrapar Holdings Inc), Indenture (Ultrapar Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Sources: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or 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 and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 2 contracts
Sources: Indenture (Cke Restaurants Inc), Indenture (Foodmaker Inc /De/)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes, not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 2 contracts
Sources: Senior Discount Dm Indenture (Viatel Inc), Senior Discount Dollar Indenture (Viatel Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or 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, and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 2 contracts
Sources: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee trustee determines in good faith may be unduly prejudicial to the rights of Holders holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holdersholders of Notes.
Appears in 2 contracts
Sources: Indenture (Opti Canada Inc), Indenture (Opti Canada Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes then outstanding may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of a majority in aggregate principal amount of Notes then outstanding.
Appears in 2 contracts
Sources: Indenture (Aci Worldwide, Inc.), Indenture (Aci Worldwide, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount Accreted Value of the Outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Sources: Indenture (Thermadyne MFG LLC), Indenture (Viasystems Group Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction direction, and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Sources: Indenture (Cosan Ltd.), Indenture (JBS USA Holdings, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 2 contracts
Sources: Indenture, Indenture (Rex Energy Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding then outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may involve the Trustee in personal liability, liability or 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the Holdersfor Holders of Notes.
Appears in 1 contract
Sources: Indenture (Dutchess County Cellular Telephone Co Inc)
Control by Majority. The Holders of at least ------------------- a majority in aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Icg Services Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that any proceeding that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction; provided, however, that the Trustee and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Knology Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trustee. Howeverit; provided, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (APW Supermarkets, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or any Collateral Document, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Sources: Indenture (Spectrum Brands, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 Trustee, or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes then outstanding may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of a majority in aggregate principal amount of Notes then outstanding.
Appears in 1 contract
Sources: Indenture (PHH Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (INNOVATE Corp.)
Control by Majority. The Holders of at least a majority ------------------- in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Loudcloud Inc)
Control by Majority. The Holders of at least a majority ------------------- in aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Earthwatch Inc)
Control by Majority. (a) The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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 such Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Sources: Indenture (Penson Worldwide Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture, that may involve subject the Trustee in to personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (NFC Castings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any such direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the Holdersdirection.
Appears in 1 contract
Sources: Indenture (Timken Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Telecom Argentina Sa)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding then total outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (DineEquity, Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.Holders of Notes. 57 51
Appears in 1 contract
Sources: Indenture (Allegiance Telecom Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount Principal Amount at Maturity of the Outstanding Notes then outstanding may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Sources: Indenture (Micron Technology Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes affected thereby may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that any proceeding that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes affected thereby.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the Outstanding outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any an trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Comple Tel LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from Holders. The Holders may not enforce this Indenture or the HoldersNotes except as provided in this Indenture.
Appears in 1 contract
Sources: Indenture (Pebblebrook Hotel Trust)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 the Trusteeit. However, (i) the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or the Intercreditor Agreement, that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability, or that and (ii) the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from the Holdersdirection.
Appears in 1 contract
Sources: Indenture (Triumph Group Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Roundy's, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes at maturity may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Amazon Com Inc)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Diva Systems Corp)
Control by Majority. The Holders of at ------------------- least a majority in aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Sources: Indenture (Icg Services Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Sources: Indenture (Coast Resorts Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction direction, and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 1 contract
Sources: Indenture (Ipalco Enterprises, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 1 contract
Sources: Indenture (Pharma Services Intermediate Holding Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of such Notes.
Appears in 1 contract
Sources: Indenture (WEX Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or 96 103 power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract