Control by Majority Sample Clauses

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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itit with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, time method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered security or indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, (i) the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, other Holders or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; providedliability, however, that and (ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 16 contracts Ashland Inc., Music123, Inc., Music123, Inc.,
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities of any Series then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture with respect to such Series. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, Securityholder or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding may will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee Trustee, in its sole discretion, determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered reasonable indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes (including Additional Notes, if any) then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, Noteholder or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itor corporate liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law law, this Indenture or this Indenturethe Notes, that or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may involve the Trustee in personal liability liability, unless the Trustee is offered security and indemnity satisfactory to it; provided, however, that the Trustee may take against any other action deemed proper by loss, liability or expense to the Trustee which is not inconsistent with that may result from the Trustee’s following such direction.
Control by Majority. The Upon provision of security or indemnity satisfactory to the Trustee, the Holders of a majority in aggregate principal amount of the Securities Notes of each series then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Notes of such series or of exercising any trust or power conferred on itthe Trustee. However, the Trustee Trustee, which may conclusively rely on opinions of counsel, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Noteholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed may involve it in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered security or indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may Notes are given 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be in good faith is unduly prejudicial to the rights of another Holder or the Trusteeany other Holder, is otherwise contrary to applicable law, or that may would involve the Trustee in personal liability unless or expense for which the Trustee is offered has not received an indemnity or security against loss, liability or expense satisfactory to it; provided, however, that and the Trustee may take any other action deemed it deems proper by the Trustee which is not inconsistent with any such directiondirection received from the Holders.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee Trustee, in its sole discretion, determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Subject to Section 7.01(e) hereof, Holders of a majority in aggregate principal amount of the Securities then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee and the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another any other Holder or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
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 exercising any remedy or power available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder of Securities or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in personal liability unless good faith shall, by a Responsible Officer, determine that the proceedings so directed may result in costs and expenses of the Trustee is offered indemnity satisfactory to itfor which it has no source of payment or recovery or involve it in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may Notes are given 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be in good faith is unduly prejudicial to the rights of another Holder or the Trusteeany other Holder, is otherwise contrary to applicable law, or that may would involve the Trustee in personal liability unless or expense for which the Trustee is offered has not received an indemnity against loss, liability or expense reasonably satisfactory to it; provided, however, that and the Trustee may take any other action deemed it deems proper by the Trustee which is not inconsistent with any such directiondirection received from the Holders.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, Trustee or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may Notes are given 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be in good faith is unduly prejudicial to the rights of another any other Holder (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or the Trusteenot any such direction is unduly prejudicial to any other Holder), is otherwise contrary to applicable law, or that may would involve the Trustee in personal liability unless or expense for which the Trustee is offered has not received an indemnity against cost, loss, liability or expense reasonably satisfactory to it; provided, however, that and the Trustee may take any other action deemed it deems proper by the Trustee which is not inconsistent with any such directiondirection received from the Holders.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Securityholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may Notes will have the right to direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However; provided, however that the Trustee may refuse to follow any direction that conflicts with applicable law or this the Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trusteeother Holders, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. HoweverSubject to Section 7.1, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the TrusteeSecurityholder, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity reasonably satisfactory to it; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 or power available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that it determines, in consultation with its counsel conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder of Notes or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Majority 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 exercising any trust or power conferred on it, provided, that indemnification for the Trustee’s fees and expenses, in a form reasonably satisfactory to the Trustee, shall have been provided. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trusteeother Holders, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity reasonably satisfactory to it; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 4 contracts Accuray Inc, Accuray Inc, Accuray Inc,
Control by Majority. The Holders of a majority in aggregate principal amount of the then-outstanding Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it, on the condition that indemnification for the Trustee’s fees and expenses, in a form reasonably satisfactory to the Trustee, shall have been provided. HoweverNevertheless, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trusteeother Holders, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
Control by Majority. The Holders of a majority in aggregate principal amount of the each affected series of Securities then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy or power available to the Trustee or exercising any trust or power conferred on itit with respect to such series of Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder of Securities of that series or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered reasonable indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Sections 7.01 and 7.02, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it, provided, that indemnification for the Trustee’s fees and expenses, in a form reasonably satisfactory to the Trustee, shall have been provided. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trusteeother Holders, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
Control by Majority. The Holders of at least 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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders (it being understood that the Trustee will have no duty to ascertain whether such actions or the Trustee, forbearances are unduly prejudicial to such other Holders) or that may would involve the Trustee in personal liability unless the liability. The Trustee is offered indemnity will be entitled to indemnification satisfactory to it; provided, however, that the it prior to taking any action. The Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Subject to the terms of the Security Documents, the Holders of a majority in aggregate principal amount of the Securities then outstanding Notes (or the Notes of the then outstanding relevant series, if applicable) may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in personal liability unless good faith shall, by a Responsible Officer, determine that the proceedings so directed may result in costs and expenses of the Trustee is offered indemnity satisfactory to itfor which it has no source of payment or recovery or involve it in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Section 7.01, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Securityholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, the Security Documents or the Intercreditor Agreement, that the Trustee determines in good faith may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered security or indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed may involve it in personal liability unless or be unduly prejudicial to the Trustee is offered indemnity satisfactory to itrights of another Holder; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Subject to Section 7.02(e), 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 any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Upon provision of security or indemnity satisfactory to the Trustee, 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 any remedy available to the Trustee with respect to the Notes or of exercising any trust or power conferred on itthe Trustee. However, the Trustee Trustee, which may conclusively rely on opinions of counsel, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Noteholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any actions or forbearances taken or suffered in accordance with such direction are unduly prejudicial to Noteholders not joining in such direction).
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder or the TrusteeSecurityholder, as such, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee it which is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in personal liability unless good faith shall, by a Responsible Officer, determine that the proceedings so directed may result in costs and expenses of the Trustee is offered indemnity satisfactory to itfor which it has no source of payment or recovery or involve it in personal liability; provided, however, that the provided thatthe Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may Notes are given 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be in good faith is unduly prejudicial to the rights of another Holder or the Trusteeany other Holder, is otherwise contrary to applicable law, or that may would involve the Trustee in personal liability unless or expense for which the Trustee is offered has not received an indemnity against loss, liability or expense satisfactory to it; provided, however, that and the Trustee may take any other action deemed it deems proper by the Trustee which is not inconsistent with any such directiondirection received from the Holders.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Sections 8.01 and 8.02, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Sections 6.01 and 6.02, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Securityholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Subject to Section 7.01(e) hereof, the Holders of a majority in aggregate principal amount of all 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 it. However, the Trustee and the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another any other Holder or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
Control by Majority. The Holders holders of a majority in aggregate principal amount of the Securities then outstanding Convertible Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, other holders of Convertible Notes or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee shall have no duty or obligation (subject to Section 7.01) to ascertain whether or not such actions or forebearances are unduly prejudicial to such holders; provided further, however that the Trustee may take any other action deemed proper by the Trustee which deems proper that is not inconsistent with such directiondirections.
Control by Majority. The Holders of not less than a majority in aggregate principal amount of the outstanding Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the TrusteeSecurityholder, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
Control by Majority. The Upon provision of security and/or indemnity reasonably satisfactory to the Trustee, the Holders of a majority in aggregate principal amount of the Securities Notes of any series then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Notes of such series or of exercising any trust or power conferred on itthe Trustee. However, the Trustee Trustee, which may conclusively rely on opinions of counsel, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Noteholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in personal liability unless good faith shall, by a Responsible Officer, determine that the proceedings so directed may result in costs and expenses of the Trustee is offered indemnity satisfactory to itfor which it has no source of payment or recovery or involve it in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Section 7.01, that the Trustee determines may be is unduly prejudicial to the rights of another any other Holder or the Trustee, or that may involve would subject the Trustee in to personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder other Holders (it being understood that the Trustee does not have an affirmative duty to ascertain whether or the Trustee, not any such directions are unduly prejudicial to such Holders) or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the liability. The Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding may will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with violates law or this Indenture, Indenture or that would result in the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in incurring personal liability unless the Trustee is offered reasonable indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Subject to the Intercreditor Agreement, Holders of at least 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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder other Holders (it being understood that the Trustee shall have no duty to ascertain whether such actions or the Trustee, forbearances are unduly prejudicial to such other Holders) or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the liability. The Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Subject to Section 7.01(e) hereof and the Intercreditor Agreement, Holders of a majority in aggregate principal amount of the Securities then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee and the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another any other Holder or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture or, subject to Sections 601 and 602 of the Original Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding 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 itthe Trustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Section 7.01, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 2 contracts Norfolk Southern Corp, Norfolk Southern Corp,
Control by Majority. The Subject to Section 8.02(d) of the Base Indenture, 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 any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Supplemental Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionTrustee.
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 any remedy available to the Trustee Trustee, or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder not taking part in such direction or the Trustee, or that may involve the Trustee it in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed may involve it in personal liability unless or expense for which the Trustee is offered indemnity has not received satisfactory to itindemnity; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount Accreted 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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided. In addition, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders 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 any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee by this Indenture. However, the The Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or holder not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed may involve it in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Sections 7.01 and 7.02, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Securityholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, Trustee or that may involve the Trustee in personal liability unless the Trustee is offered security or indemnity satisfactory to itit against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 Trustee, or exercising any trust or power conferred on it. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, other Securityholders or that may involve the Trustee in personal liability unless or for which the Trustee is offered indemnity satisfactory does not have adequate indemnification pursuant to itSection 7.01(e); provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then Notes outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or the Collateral Trustee or of exercising any trust or power conferred on itthe Trustee or the Collateral Trustee. However, the Trustee or the Collateral Trustee may refuse to follow any direction that conflicts with law or this Indenture, the Security Documents or the Intercreditor Agreement, or, subject to Section 7.01, that the Trustee or Collateral Trustee, as the case may be, determines may be is unduly prejudicial to the rights of another any other Holder or the Trustee, or that may would involve the Trustee or the Collateral Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee or Collateral Trustee, as the case may be, may take any other action deemed proper by the Trustee which of the Collateral Trustee, as the case may be, that is not inconsistent with such direction. Prior to taking any action under this Indenture, the Security Documents or the Intercreditor Agreement, the Trustee and the Collateral 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.
Control by Majority. The Subject to the provisions of this Indenture and applicable law, the Holders of a majority in aggregate principal amount of the Securities then outstanding may Notes have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the The Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that the Trustee determines in good faith may be unduly prejudicial to the rights of another Holder or the TrusteeHolder, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the all Securities then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy or power available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Subject to Section 2.09, 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 any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee, including, without limitation, any remedies provided for in Section 6.04. HoweverSubject to Section 7.01 and 7.02(f), however, the Trustee may refuse to follow any request, order or direction that the Trustee reasonably believes conflicts with any law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the TrusteeHolder, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such request, order or direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered furnished indemnity reasonably satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity indemnity, reasonably satisfactory to it, against the costs, expenses and liabilities the Trustee may incur to comply with such request or demand; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, time method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered security or indemnity reasonably satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then Notes outstanding may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed may involve it in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts Massey Energy Co, Senior Note (Ipsco Inc),
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding may will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with violates law or this Indenture, Indenture or that would result in the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in incurring personal liability unless the Trustee is offered security or indemnity satisfactory to itit against loss, cost, liability or expense; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee theTrustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Subject to this Indenture (including Section 2.09), the Intercreditor Agreement, the Collateral Agreements and applicable law, 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 any remedy available to the Trustee or the Collateral Agent or exercising any trust or power conferred on itthe Trustee or the Collateral Agent, including any remedies provided for in Section 6.03. HoweverSubject to Section 7.01 and 7.02(f), however, the Trustee may refuse to follow any direction that the Trustee believes conflicts with law any law, the Intercreditor Agreement or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the TrusteeHolder, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, other Holders or that may involve the Trustee in personal liability unless liability; provided that the Trustee is offered indemnity satisfactory shall have no duty or obligation (subject to itSection 7.01) to ascertain whether or not such actions of forebearances are unduly prejudicial to such Holders; provided, howeverfurther, that the Trustee may take any other action deemed proper by the Trustee which deems proper that is not inconsistent with such directiondirections.
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 exercising any trust or power conferred on itit with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity or security reasonably satisfactory to itTrustee against any loss, liability or expense to the Trustee to institute such proceeding as Trustee ; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction. This Section 8.06 shall be in lieu of Section 316(a)1(A) of the TIA and such Section 316(a)1(A) is hereby expressly excluded from this Indenture, as permitted by the TIA.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it, provided that indemnification for the Trustee’s fees and expenses, in a form reasonably satisfactory to the Trustee, shall have been provided. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, other Holders or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directionliability.
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Securities then outstanding Debentures may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or if the Trustee, being advised by counsel, determines that the actions or proceedings so directed may not lawfully be taken or if the Trustee in good faith by its board of directors or executive committee or a trust committee of directors or trustees and/or responsible officers shall determine that may the actions or proceedings so directed would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, howeverand provided further, that the Trustee may take any other action deemed it deems proper by the Trustee which that is not inconsistent with any such directiondirection received from Holders of Debentures.
Appears in 2 contracts Aon Corp, Aon 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 exercising any trust or power conferred on it. However, the Trustee by this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or Securityholder not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed may involve it in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts Samsonite Corp/Fl, Samsonite Corp/Fl,
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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Section 7.01, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Upon provision of security or indemnity satisfactory to the Trustee, 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 any remedy available to the Trustee with respect to the Notes or of exercising any trust or power conferred on itthe Trustee. However, the Trustee Trustee, which may conclusively rely on opinions of counsel, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Noteholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders 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 any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, subject to Article VII, that the Trustee determines may be is unduly prejudicial to the rights of another Holder or the Trustee, any other holder or that may would involve the Trustee in personal liability unless the Trustee or expenses for which it is offered indemnity satisfactory to itnot adequately indemnified; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Subject to Section 7.02(e), the Holders of a majority in aggregate principal amount of the Securities then outstanding Notes of a series 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 2 contracts Brady Corp, Permar Systems, Inc.,
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 any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee the Indenture. HoweverNotwithstanding Section 316(a)(1)(A) of the TIA, the Trustee Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture, the Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Holder or not taking part in such direction, and the Trustee shall have the right to decline to follow any such direction if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be taken or that may involve if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed may involve it in personal liability unless or expense for which the Trustee is offered indemnity has not received satisfactory to itindemnity; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Upon provision of security or indemnity satisfactory to the Trustee, 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 with respect to the Securities or of exercising any trust or power conferred on itthe Trustee. However, the Trustee Trustee, which may rely on opinions of counsel, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Securityholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding may will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee Trustee, in good faith by a Responsible Officer of the Trustee, determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity reasonably satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Control by Majority. The Holders 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 any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or, if the Trustee, being advised by counsel, determines that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith shall determine that the action or proceeding so directed would involve the Trustee in personal liability or expense for which it is not adequately indemnified, or subject to Section 7.01, that the Trustee determines may be is unduly prejudicial to the rights of another Holder any other holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or the Trustee, not such actions or forbearances are unduly prejudicial to such holders) or that may would involve the Trustee in personal liability unless liability. Neither the Trustee is nor the Priority Lien Collateral Trustee shall be obligated to take any action at the direction of holders of Notes unless such holders have offered to the Trustee and the Priority Lien Collateral Trustee indemnity or security satisfactory to it; provided, however, that the Trustee may take and the Priority Lien Collateral Trustee against any other action deemed proper by the Trustee which is not inconsistent with such directionloss, liability or expense.
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 exercising any trust or power conferred on it, subject to 7.02(e). However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders (it being understood that the Trustee does not have an affirmative duty to ascertain whether or the Trustee, not any such directions are unduly prejudicial to such Holders) or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the liability. The Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes of a series then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy or power available to the Trustee or exercising any trust or power conferred on itit with respect to such series. However, the Trustee may refuse to follow any direction that it determines, in consultation with its counsel conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder of Notes of such series or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered security or indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding may will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with violates law or this Indenture, Indenture or that would result in the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in incurring personal liability unless the Trustee is offered security or indemnity reasonably satisfactory to itit against loss, cost, liability or expense; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 1 contract Senior Note (GoPro, Inc.),
Control by Majority. The Upon provision of security or indemnity satisfactory to the Trustee, the Holders of a majority in aggregate principal amount of the Securities Notes then outstanding Outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Notes or of exercising any trust or power conferred on itthe Trustee. However, the Trustee Trustee, which may conclusively rely on opinions of counsel, may refuse to follow any direction that conflicts with law or this Indenture, the Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 1 contract Senior Note (Expedia, Inc.),
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding may will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee Trustee, in its sole discretion, determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder anotherHolder or the TrusteeTrustee (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders), or that may involve the Trustee in personal liability unless the Trustee is offered security or indemnity reasonably satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract Senior Note (Inland Real Estate Corp),
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes of a series then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy or power available to the Trustee or exercising any trust or power conferred on itit with respect to such series. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder of Notes of such series or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Upon provision of security or indemnity satisfactory to the Trustee, 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 any remedy available to the Trustee with respect to the Notes or of exercising any trust or power conferred on itthe Trustee. However, the Trustee Trustee, which may conclusively rely on opinions of counsel, may refuse to follow any direction that conflicts with law or this Indenture, the Indenture or that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Holders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity satisfactory to itliability; provided, however, that the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 1 contract Senior Note (Expedia, Inc.),
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 or power available to the Trustee or exercising any trust or power conferred on itit with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered indemnity reasonably satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Control by Majority. The Subject to the terms and conditions of the Intercreditor Agreement, the Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the time, time method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law Law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that may involve the Trustee in personal liability unless the Trustee is offered security and/or indemnity reasonably satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract Iconix Brand Group, Inc.,
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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be is unduly prejudicial to the rights of another Holder other Securityholders or the Trustee, or that may would involve the Trustee in personal liability unless the Trustee is offered indemnity reasonably satisfactory to it; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.