Common use of Control by Majority Clause in Contracts

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 51 contracts

Samples: Indenture (Columbus McKinnon Corp), Indenture (Murphy USA Inc.), Bridge Loan Agreement (William Lyon Homes)

AutoNDA by SimpleDocs

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 30 contracts

Samples: Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Paper Corp.), Indenture (Goodman Holding CO)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 27 contracts

Samples: Indenture (NCR Corp), Indenture (NCR Corp), Indenture (NCR Corp)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 24 contracts

Samples: Indenture (Manor Care Inc), Indenture (Eye Care Centers of America Inc), Lease Agreement (Clayton Williams Energy Inc /De)

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Noteholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 23 contracts

Samples: Supplemental Indenture (Warner Music Group Corp.), Indenture (Nortek Inc), Intercreditor Agreement (Casella Waste Systems Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 21 contracts

Samples: Indenture (Pra Group Inc), Supplemental Indenture (American Seafoods Corp), Supplemental Indenture (Brindlee Mountain Telephone Co)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.01 and Section 7.02 hereof, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 19 contracts

Samples: Pooling Agreement (Bunge Limited Finance Corp), Pooling Agreement (Bunge Limited Finance Corp), Pooling Agreement (Bunge Finance Europe B.V.)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 16 contracts

Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 15 contracts

Samples: Indenture (TRW Automotive Holdings Corp), Indenture (Affinion Group, Inc.), Indenture (Watchguard Registration Services, Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 14 contracts

Samples: Indenture (Noranda Aluminum Acquisition CORP), Indenture (MPM Silicones, LLC), Indenture (RBS Global Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 13 contracts

Samples: Indenture (Safeway Stores 42, Inc.), Indenture (Safeway Stores 42, Inc.), Indenture (Albertsons Companies, Inc.)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 11 contracts

Samples: Indenture (Vivus Inc), Indenture (Aquestive Therapeutics, Inc.), Indenture (Hillman Companies Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 11 contracts

Samples: Indenture (Amtrol Inc /Ri/), Indenture (Fairchild Semiconductor International Inc), Supplemental Indenture (Riverwood Holding Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or the Notes or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses and expenses (including attorney’s fees and expenses) caused by taking or not taking such action.

Appears in 11 contracts

Samples: Indenture (Cott Corp /Cn/), Indenture (Epicor Software Corp), Indenture (Townsquare Media, LLC)

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 10 contracts

Samples: Indenture (Warner Alliance Music Inc), Indenture (Warner Music Group Corp.), Indenture (Netscout Systems Inc)

Control by Majority. The Holders of a majority in ------------------- principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed -------- ------- proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 9 contracts

Samples: Indenture (Fs Equity Partners Iii Lp), Blum Capital Partners Lp, Cbre Holding Inc

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 8 contracts

Samples: Indenture (Ply Gem Holdings Inc), Indenture (Curative Health Services Inc), Covenants (Ply Gem Holdings Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (Viasystems Inc), Indenture (Viasystems Inc), Indenture (Intersil Holding Co)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (MSCI Inc.), Supplemental Indenture (Verisign Inc/Ca), Indenture (Verisign Inc/Ca)

Control by Majority. The Holders of a majority in -------------------- principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed -------- ------- proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (Telecorp PCS Inc), Indenture (Nabco Inc /Mi/), Indenture (DR Sales Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (Palace Entertainment Holdings, Inc.), Quiksilver (Quiksilver Inc), Quiksilver (Quiksilver Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 7 contracts

Samples: Indenture (Sather Trucking Corp), NBC Acquisition Corp, Nebraska Book Co

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, or that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that liability unless such Holders have offered to the Trustee may take security and indemnity satisfactory to it against any other action deemed proper by the Trustee that is not inconsistent with such directionloss, liability or expense. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to security or indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses that may be caused by taking or not taking such action.

Appears in 7 contracts

Samples: Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.), CommScope Holding Company, Inc.

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit hereunder. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 7 contracts

Samples: Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Southern Natural Gas Co), Transcontinental Gas Pipe Line Corp

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification from the Securityholders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 7 contracts

Samples: Supplemental Indenture (MSX International Business Services Inc), Friendly Ice Cream Corp, Chief Auto Parts Inc

Control by Majority. The Holders Securityholders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co), Indenture (Star Gas Partners Lp)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to be furnished with indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Supplemental Indenture (Denbury Resources Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.1 and Section 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Stanley Works), Indenture (Stanley Works), Indenture (HCRC Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or the Notes or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee or Agent shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses and expenses (including attorney’s fees and expenses) caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Affinity Gaming, LLC), Indenture (Churchill Downs Inc), Churchill Downs Incorporated (Churchill Downs Inc)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Mediq Inc), Neenah Foundry Co, Mexican Cellular Investments Inc

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit including, without limitation, any remedies provided for in Section 6.03. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Doe Run Resources Corp, Indenture (Doe Run Resources Corp), Wci Steel Inc

Control by Majority. The Holders of a majority in principal amount of the Securities Notes outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Graham Packaging (Graham Packaging Holdings Co), Supplemental Indenture (Rural Metro Corp /De/), Graham Packaging (Graham Packaging Holdings Co)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal or financial liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification and security satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Supplemental Indenture (Constellium Se), Indenture (Constellium N.V.), Indenture (Constellium N.V.)

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunderor following any direction pursuant to this Section 6.05, the Trustee shall be entitled to indemnification from such Holders satisfactory to it in its sole discretion against all losses and expenses any fees, loss, liability, cost or expense caused by taking such action or not taking following such actiondirection.

Appears in 5 contracts

Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Tenneco Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly may be prejudicial to the rights of other Securityholders Holders of the Notes or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or security satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Supplemental Indenture (Boyd Gaming Corp), Indenture (Boyd Gaming Corp), Indenture (Treasure Chest Casino LLC)

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 9.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 5 contracts

Samples: Indenture (Bode Concrete LLC), Registration Rights Agreement (Us Concrete Inc), Indenture (Us Concrete Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities may then outstanding Notes will 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 the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, or that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders of Notes or would that may involve the Trustee in any financial or personal liability; provided. In case an Event of Default has occurred and is continuing, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior prior to taking any action hereunder, the Trustee shall be entitled to satisfactory indemnification satisfactory to it in its sole discretion or security (or both) against all losses loss, liability and expenses caused by the taking or not taking of such action.

Appears in 5 contracts

Samples: Indenture (Pacific Drilling S.A.), Indenture (Comstock Oil & Gas, LP), First Preferred Mortgage (Pacific Drilling S.A.)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.01 and Section 7.02 hereof, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders of Notes or would that may involve the Trustee in personal liability; provided, howeverfurther, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Section 6.05, the Trustee shall be entitled to indemnification security or indemnity from the Holders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Delek Logistics Partners, LP), Supplemental Indenture (Delek Logistics Partners, LP), Indenture (Tallgrass Energy Partners, LP)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding proceed ing for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification indemni fication satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Texas Petrochemicals Corp), Hyster Overseas Capital Corp LLC, Navigator Gas Iom I-E LTD

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.018.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Gates Engineering & Services FZCO), Indenture (Gates Global Inc.), Indenture (Phoenix Consulting Group, LLC)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes then outstanding 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security reasonably satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Assignment Agreement (NXP Semiconductors N.V.), NXP Manufacturing (Thailand) Co., Ltd., NXP Manufacturing (Thailand) Co., Ltd.

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 4 contracts

Samples: Indenture (BWAY Holding CO), Indenture (Bway Corp), Financing Agreement (Arcon Coating Mills Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit hereunder. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Environmental Procedures Inc), Indenture (Pure Resources Inc), Indenture (Fiber Glass Systems Lp)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of by 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 or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Tia Indenture (Pawnmart Inc), Tia Indenture (Pawnmart Inc), Anacomp Inc

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Plains Exploration & Production Co), Indenture (Nuevo Permian Inc.), Plains Exploration & Production Co L P

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may (i) refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee reasonably determines is may be unduly prejudicial to the rights of other Securityholders Holders or would involve that may subject the Trustee in to personal liability; provided, however, that the Trustee may liability or (ii) take any other action deemed that it deems proper by the Trustee that is not inconsistent with such directiondecision. Prior to taking any action hereunder, the The Trustee shall be entitled to indemnification reasonably satisfactory to it in its sole discretion against all losses and or expenses caused by the taking or not taking of such action.

Appears in 4 contracts

Samples: Indenture (Advantica Restaurant Group Inc), Indenture (Dennys Holdings Inc), Indenture (Dennys Holdings Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive indemnification reasonably satisfactory to it in its sole discretion against all losses losses, costs, liabilities and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Viavi Solutions Inc.), Viavi Solutions (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.)

Control by Majority. The Holders holders of a majority in principal amount of the Securities New Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 Note or, subject to Section 7.0115, that the Trustee determines is unduly prejudicial to the rights of other Securityholders holders of the New Notes or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Exchange Agreement (Avondale Inc), Avondale Inc, Avondale Inc

Control by Majority. The Holders of not less than a majority in principal amount at maturity of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 3 contracts

Samples: Indenture (Norcraft Capital Corp.), Indenture (MAAX Holdings, Inc.), NTK Holdings, Inc.

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.018.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Uniplast Industries Co), Alliant Techsystems Inc, Acs Infosource Inc

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification by the Noteholders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Magellan Health Services Inc, Magellan Health Services Inc, Magellan Health Services Inc

Control by Majority. The Holders of a majority in principal amount at maturity of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Mediq Inc), Buffets Holdings, Inc., Buffets Holdings, Inc.

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Koll Donald M, Cb Richard Ellis Services Inc, Cb Richard Ellis Services Inc

Control by Majority. The Holders of a majority in principal amount Principal Amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.016.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Columbia Gas System Inc), Columbia Gas System Inc, Columbia Gas System Inc

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided -------- that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 3 contracts

Samples: Alliance Imaging of Michigan Inc, Building One Services Corp, MTL Inc

AutoNDA by SimpleDocs

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Alamosa (Alamosa Holdings LLC), Alamosa Holdings Inc, Alamosa Delaware Inc

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Indenture, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or security satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Shaw Group Inc), Indenture (GSV Inc /Fl/), Indenture (GSV Inc /Fl/)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes at the time outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would potentially involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Restoration Hardware Holdings Inc), Fundamental Change Purchase (Rh), Fundamental Change Purchase (Rh)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or of exercising any trust or power conferred on the it. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders or would that may involve the Trustee in personal liabilityliability or for which the Trustee does not have adequate indemnification pursuant to Section 7.01(e); provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities at the time outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, or that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such directiondirection or this Indenture. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification may require indemnity satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Charming Shoppes Inc), Indenture (Parker Drilling Co /De/), Invacare Corp

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the such Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or security reasonably satisfactory to it in its sole discretion against all losses and expenses any loss, liability or expense caused by taking or not taking such action.

Appears in 3 contracts

Samples: Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp), Supplemental Indenture (Alcoa Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification reasonably satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Intercreditor Agreement (Rotech Healthcare Inc), Intercreditor Agreement (Rotech Healthcare Inc), Novamerican Steel (Novamerican Steel Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion reasonable indemnity against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Supplemental Indenture (Stone Energy Corp), LTV Steel Co Inc, Stone Energy Corp

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification by Holders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Affinia Group Intermediate Holdings Inc.), Asset Purchase Agreement (Wix Filtration Media Specialists, Inc.), Indenture (Westborn Service Center, Inc.)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 7.1 and 7.2 , that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, howeverhowever , that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Trinity Industries Inc), Trinity Industries Inc

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 8.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking 109 In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 2 contracts

Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the it hereunder. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such actionaction subject to the Trustee’s duty to act with the required standard of care during a default.

Appears in 2 contracts

Samples: Nabors Industries LTD, Nabors Industries LTD

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification reasonably satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 2 contracts

Samples: Pilgrims Pride Corp, Pilgrims Pride Corp

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or law, this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Securityholder or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to be furnished with indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Denbury Resources Inc), Supplemental Indenture (Denbury Resources Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Section, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Supplemental Indenture (Healthsouth Corp), Healthsouth Corp

Control by Majority. The Holders of a majority in principal amount at maturity of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Mq Associates Inc), NBC Acquisition Corp

Control by Majority. The Holders Noteholders of a majority in principal amount of the Securities Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Noteholders or would that may involve the Trustee in personal liability; provided, however, that the . The Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Resort at Summerlin Inc, American Architectural Products Corp

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 0000-0000-0000 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (CBL & Associates Limited Partnership), www.oblible.com

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the it hereunder. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive reasonable indemnification from such Holders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such actionaction subject to the Trustee’s duty to act with the required standard of care during a default.

Appears in 2 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.017.01 of this Indenture, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Leasehold Resource Group LLC, SHG Holding Solutions Inc

Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Supplemental Indenture (Nalco Energy Services Equatorial Guinea LLC), Supplemental Indenture (Nalco Finance Holdings Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, or that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, other than under Article 10, the Trustee shall will be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo), PTC International Finance Holding B V

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1 hereof, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders of Notes or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Harperprints Inc, R&b Falcon Corp

Control by Majority. The Holders of a majority in outstanding principal amount of the Securities may 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1 hereof, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior Subject to Section 7.1, prior to taking any action hereunder, the Trustee shall be entitled to indemnification reasonably satisfactory to it in its sole discretion against all losses loss, liability and expenses expense caused by taking or not taking such action.

Appears in 2 contracts

Samples: Halcón Resources (Halcon Resources Corp), Indenture (Key Energy Services Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction 56 that conflicts with law or this Indenture or, subject to Section 7.018.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Phillips Van Heusen Corp /De/), Phillips Van Heusen Corp /De/

Control by Majority. The Holders of not less than a majority in principal amount of the Securities then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01 hereof, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 2 contracts

Samples: Indenture (Matrix Geophysical, Inc.), Indenture (Seitel Inc)

Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Intelsat LTD), Indenture (Intelsat LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Shared Technologies Inc), Indenture (General Communication Inc)

Control by Majority. The Holders of a majority in principal amount at Maturity of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.019.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal per­sonal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification indemni­fication satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01SECTIONS 7.1 AND 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Ne Restaurant Co Inc, Bertuccis of White Marsh Inc

Control by Majority. The Holders of a majority in principal amount of the Securities Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Worldwide Recruiting & Staffing Services LLC), Indenture (Delta Tucker Holdings, Inc.)

Control by Majority. The Holders of not less than a majority in principal amount aggregate Principal Amount of the Securities may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverTrustee with respect to the Securities; provided, however, that (i) the Trustee may refuse to follow any direction that conflicts with law or this Indenture orIndenture, (ii) subject to Section 7.01, that the Trustee determines is unduly prejudicial may refuse to follow any direction that would in the rights good faith judgment of other Securityholders or would involve the Trustee have a substantial likelihood of involving the Trustee in personal liability; provided, however, that liability and (iii) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Palm Harbor Homes Inc /Fl/), Indenture (Avatar Holdings Inc)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall will be entitled to security and/or indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Intercreditor Agreement (RenPac Holdings Inc.), Supplemental Indenture (RenPac Holdings Inc.)

Control by Majority. The Holders of a majority in principal Principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee under this Indenture. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Revlon Inc /De/), Indenture (Revlon Consumer Products Corp)

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 2 contracts

Samples: Global Crossing Uk Telecommunications LTD, Global Crossing LTD

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the it hereunder. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive indemnification from such Holders reasonably satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such actionaction subject to the Trustee’s duty to act with the required standard of care during a default.

Appears in 2 contracts

Samples: Nabors Industries LTD, Nabors Industries LTD

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided -------- that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion dis- cretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 2 contracts

Samples: Pacer Express Inc, Alliance Imaging of Central Georgia Inc

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of 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 or, subject to Section 7.01Sections 601 and 602 of the Original Indenture, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Smithfield Foods Inc, Smithfield Foods Inc

Time is Money Join Law Insider Premium to draft better contracts faster.