Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 8 contracts
Sources: Indenture (Trinseo S.A.), Indenture (GCP Applied Technologies Inc.), Indenture (Trinseo S.A.)
Control by Majority. The Holders of not less than a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 8 contracts
Sources: Indenture (Navios South American Logistics Inc.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Acquisition CORP)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or of exercising any trust or power conferred on it, under this Indenture, the TrusteeNotes, the Security Documents or otherwise. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is may be unduly prejudicial to the rights of other Holders or would that may involve the Trustee in personal liability; provided, however, that the Trustee liability and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from such Holders of the Notes. Prior In addition, prior to taking any such action hereunder, the Trustee shall be entitled to indemnification from the Holders on terms reasonably satisfactory to it the Trustee against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by arising from taking or not taking such action.
Appears in 8 contracts
Sources: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)
Control by Majority. The Holders of a majority in principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with regard to the Notes or of exercising any trust or power conferred on the TrusteeTrustee with regard to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.1, that the Trustee determines is unduly prejudicial to the rights of other Holders or that would involve the Trustee in personal liability; liability provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderas a result of a direction given under this Section, the Trustee shall will be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such that action.
Appears in 8 contracts
Sources: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder of the Notes or that would involve subject the Trustee in to personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification indemnity reasonably satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 8 contracts
Sources: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, subject to Section 7.01 hereof, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is may be unduly prejudicial to the rights of other Holders of Notes or would that may involve the Trustee in personal liability; provided, however, that the . The Trustee may take any other action deemed which it deems proper by the Trustee that and which is not inconsistent with any such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification reasonably satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 7 contracts
Sources: Indenture (Playa Hotels & Resorts N.V.), Indenture (Playa Hotels & Resorts B.V.), Indenture (Vail Resorts Inc)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of any other Holders Noteholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 6 contracts
Sources: Indenture (Davita Healthcare Partners Inc.), Indenture (Southwest Atlanta Dialysis Centers, LLC), Indenture (Davita Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the U.S. Trustee or of exercising any trust or power conferred on the U.S. Trustee. However, the each Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.1, that the each Trustee determines is unduly prejudicial to the rights of other Holders or would involve the each Trustee in personal liability; provided, however, that the each Trustee may take any other action deemed proper by the such Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the each Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 6 contracts
Sources: Indenture (Open Text Corp), Indenture (Open Text Corp), Indenture (Open Text Corp)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee or Agent shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 6 contracts
Sources: Indenture (Churchill Downs Inc), Indenture (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it it, in its sole discretion, against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 6 contracts
Sources: Indenture (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders of Notes or would that may involve the Trustee in personal liability; provided, howeverfurther, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Section 6.05, the Trustee shall be entitled to indemnification security or indemnity from the Holders satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 5 contracts
Sources: Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP)
Control by Majority. The Holders of a majority in principal amount of the Notes outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 5 contracts
Sources: Indenture (Graham Packaging Holdings Co), Indenture (Rural Metro Corp /De/), Indenture (Graham Packaging Holdings Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or law, this Indenture or the Notes orSecurity Documents, subject to Sections 7.1 and 7.2that may involve the Trustee in personal liability, or that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve not joining in the Trustee in personal liability; providedgiving of such direction, however, that the Trustee and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from such Holders. Prior to taking any such action hereunderunder this Section 6.05, the Trustee shall will be entitled to security and/or indemnification satisfactory to it in its sole direction against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 5 contracts
Sources: Indenture (Yin Jia Investments LTD), Indenture (Yin Jia Investments LTD), Indenture (Yin Jia Investments LTD)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes of a series may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising to exercise any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or other security reasonably satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 5 contracts
Sources: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or other security reasonably satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 5 contracts
Sources: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 Section 7.01 and 7.2Section 7.02 hereof, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 5 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD), Indenture (Bunge LTD)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 9.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Holder, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 5 contracts
Sources: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)
Control by Majority. The Holders of a majority in principal amount of the Notes then outstanding Notes may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or other security reasonably satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 4 contracts
Sources: Senior Secured Indenture (NXP Semiconductors N.V.), Senior Secured Indenture (NXP Semiconductors N.V.), Senior Secured Indenture (NXP Manufacturing (Thailand) Co., Ltd.)
Control by Majority. The Holders of a majority in outstanding principal amount of the outstanding Notes Securities of such 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee reasonably determines is unduly prejudicial to the rights of other Holders or or, in the Trustee’s reasonable opinion, would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 4 contracts
Sources: Indenture (Labcorp Holdings Inc.), Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of any other Holders Noteholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking or not taking such actionaction or following such direction.
Appears in 4 contracts
Sources: Indenture (Davita Inc.), Indenture (Davita Inc.), Indenture (Davita Healthcare Partners Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee with respect to such Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder, or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification security or indemnity satisfactory to it in its sole discretion from Holders directing the Trustee against all feesany cost, losses, liabilities and expenses (including attorney’s fees and expenses) that may be liability or expense caused by taking or not taking such action.
Appears in 4 contracts
Sources: Eighth Supplemental Indenture (Energy Transfer Equity, L.P.), Seventh Supplemental Indenture (Energy Transfer Equity, L.P.), Fourth Supplemental Indenture (Energy Transfer Equity, L.P.)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, the Securities or the Notes Guarantees or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or security reasonably satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.1, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc)
Control by Majority. The Holders of at least a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liabilityanother Holder; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 3 contracts
Sources: Indenture (Exide Technologies), Indenture (Omega Healthcare Investors Inc), Indenture (Omega Healthcare Investors Inc)
Control by Majority. The Holders holders of a majority in principal amount of the outstanding New Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes Note or, subject to Sections 7.1 and 7.2Section 15, that the Trustee determines is unduly prejudicial to the rights of other Holders holders of the New Notes or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Exchange Agreement (Avondale Inc), Exchange Agreement (Avondale Inc), Exchange Agreement (Avondale Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes at the time outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would potentially involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to reasonable indemnification satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) caused by or that may might be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (American Capital, LTD), Indenture (Ladder Capital Finance Corp), Indenture (Ladder Capital Corp)
Control by Majority. The Holders holders of the Notes of a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders holders of Notes or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory and/or security to it the satisfaction of the Trustee against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (PT Indosat TBK), Indenture (P T Indosat TBK), Indenture (PT Indosat TBK)
Control by Majority. The Holders of at least a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve of Notes not joining in the Trustee in personal liabilitygiving of such direction received from the Holders of Notes; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 3 contracts
Sources: Indenture (Omega Healthcare Investors Inc), Indenture (Omega Healthcare Investors Inc), Indenture (Omega Healthcare Investors Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 Section 7.01 and 7.2Section 7.02, that the Trustee determines is unduly prejudicial to the rights of other Holders or would potentially involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Castle a M & Co), Indenture (Mindspeed Technologies, Inc), Indenture (Castle a M & Co)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 8.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 3 contracts
Sources: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS USA Holdings, Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Dun & Bradstreet Holdings, Inc.), Indenture (GrubHub Inc.), Indenture (INC Research Holdings, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve not joining in the Trustee in personal liability; provided, however, that the Trustee giving of such direction and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from Holders (it being understood that the Trustee has no duty to determine whether any action is prejudicial to any Holder). Prior to taking any such action hereunderunder this Indenture, the Trustee shall will be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Xenia Hotels & Resorts, Inc.), Indenture (Xenia Hotels & Resorts, Inc.), Indenture (Xenia Hotels & Resorts, Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.1, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the such Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or security reasonably satisfactory to it against all feesany loss, losses, liabilities and expenses (including attorney’s fees and expenses) that may be liability or expense caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Alcoa Corp), Indenture (Alcoa Corp), Indenture (Alcoa Corp)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Noteholder, or would that may involve the Trustee in personal liability; provided, however, PROVIDED that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 3 contracts
Sources: Indenture (Northern Sanitation Inc), Indenture (Casella Waste Systems Inc), Indenture (Kti Inc)
Control by Majority. The Holders of a majority in principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall will be entitled to indemnification and/or security satisfactory to it the Trustee in its sole discretion against all fees, losses, claims, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Ferroglobe PLC), Indenture (Ferroglobe PLC), Indenture (Ferroglobe PLC)
Control by Majority. The Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is may be unduly prejudicial to the rights of other Holders or would involve of Notes not joining in the Trustee in personal liability; providedgiving of such direction, however, that the Trustee and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from Holders of Notes. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 3 contracts
Sources: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, Trustee under this Indenture; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve of Notes not joining in the Trustee in personal liability; provided, however, that the giving of such direction. The Trustee may take any other action deemed it deems proper by the Trustee that is not inconsistent with such direction. Prior to taking any such direction received from Holders of Notes. The Trustee shall not be obligated to take any action hereunder, at the direction of Holders unless such Holders have offered to the Trustee shall be entitled to indemnification security or indemnity reasonably satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such actionthe Trustee.
Appears in 2 contracts
Sources: Indenture (Foresight Energy Partners LP), Indenture (Foresight Energy Partners LP)
Control by Majority. The Holders of a majority in principal amount Original Principal Amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is may be unduly prejudicial to the rights of other Holders or would involve of Notes not joining in the Trustee in personal liability; providedgiving of such direction, however, that the Trustee and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from Holders of Notes. Prior to taking any such action hereunder, the Trustee shall be entitled to receive indemnification satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may incurred or to be caused incurred by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the Notes outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Rural Metro Corp /De/), Indenture (Rural Metro Corp /De/)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections Section 7.1 and 7.2hereof, that the Trustee determines is may be unduly prejudicial to the rights of other Holders of Notes or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Harperprints Inc), Indenture (R&b Falcon Corp)
Control by Majority. The Subject to the restrictions contained in this Indenture, Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is unduly prejudicial to the rights of other Holders of Notes or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Section 6.05, the Trustee shall be entitled to receive indemnification from the Holders satisfactory to it against all feesloss, losses, liabilities liability and expenses (including attorney’s fees and expenses) that may be expense caused by taking or not taking such action.
Appears in 2 contracts
Sources: Supplemental Indenture (APi Group Corp), Indenture (APi Group Corp)
Control by Majority. The Holders of a majority in principal amount at Maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 9.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder or that would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Intelsat LTD), Indenture (PanAmSat Holding CORP)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all feesany loss, lossesliability, liabilities and expenses (including attorney’s fees and expenses) that may be claim or expense caused by taking such action or not taking following such actiondirection.
Appears in 2 contracts
Sources: Indenture (Ply Gem Holdings Inc), Indenture (Ply Gem Holdings Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising to exercise any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or other security reasonably satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or law, this Indenture or the Notes Intercreditor Agreement or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Securityholder or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to be furnished with indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc)
Control by Majority. The Subject to Section 2.10, the Holders of the Notes of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders another Holder of the Notes, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Senior Convertible Notes Indenture (CME Media Enterprises B.V.), Indenture (Central European Media Enterprises LTD)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or security by the Holders satisfactory to it the Trustee in its sole discretion against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Beacon Roofing Supply Inc), Indenture (Beacon Roofing Supply Inc)
Control by Majority. The Holders holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of any other Holders noteholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification or security satisfactory to it in its sole discretion against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking or not taking such actionaction or following such direction.
Appears in 2 contracts
Sources: Indenture (Western Digital Corp), Indenture (WD Media, LLC)
Control by Majority. The Holders of a majority in principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit hereunder. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification reasonably satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 2 contracts
Sources: Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the it hereunder. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with applicable law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is may be unduly prejudicial to the rights of other Holders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to receive indemnification from such Holders reasonably satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections Section 7.1 and 7.2hereof, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to receive indemnification satisfactory to it against all feesloss, losses, liabilities liability and expenses (including attorney’s fees and expenses) that may be expense caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, the Notes or the Notes Guarantees or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or security satisfactory to it in its sole discretion against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) caused or that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2SECTION 8.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Veterinary Centers of America Inc), Indenture (Veterinary Centers of America Inc)
Control by Majority. The Subject to Section 2.10, the Holders of the Notes of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders another Holder of the Notes, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Senior Convertible Notes Indenture (Central European Media Enterprises LTD), Indenture (CME Media Enterprises B.V.)
Control by Majority. The Holders of a majority in aggregate principal amount of the 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.1, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the such Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification or security reasonably satisfactory to it against all feesany loss, losses, liabilities and expenses (including attorney’s fees and expenses) that may be liability or expense caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Alcoa Upstream Corp), Indenture (Alcoa Inc.)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Merisant Foreign Holdings I Inc), Indenture (Tabletop Holdings Inc)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 Section 8.1 and 7.2Section 8.2 hereof, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is may be unduly prejudicial to the rights of other Holders or would involve of Notes not joining in the Trustee in personal liability; providedgiving of such direction, however, that the Trustee and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from Holders of Notes. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may incurred or to be caused incurred by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Callaway Golf Co), Indenture (Callaway Golf Co)
Control by Majority. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the The Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders not joining in such direction, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 2 contracts
Sources: Indenture (Headwaters Inc), Indenture (Headwaters Inc)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any such action hereunderor following any direction pursuant to this Section 6.05, the Trustee shall be entitled to indemnification from such Holders satisfactory to it in its sole discretion against all any fees, lossesloss, liabilities and expenses (including attorney’s fees and expenses) that may be liability, cost or expense caused by taking such action or not taking following such actiondirection.
Appears in 2 contracts
Sources: Indenture (Dana Inc), Indenture (Dana Holding Corp)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct in writing the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve not joining in the Trustee in personal liability; providedgiving of such direction, however, that and the Trustee may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from Holders. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all feesany costs, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Cosan Ltd.), Indenture (Cosan Ltd.)
Control by Majority. The Subject to the express terms of this Indenture, the Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification from the Holders satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Western Digital Corp), Indenture (Western Digital Corp)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is may be unduly prejudicial to the rights of other Holders of Notes or would the Trustee or that may involve the Trustee in personal liability; provided, liability provided however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification indemnity satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Temporary Notes Indenture (Hillman Companies Inc), Indenture (Hillman Companies Inc)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all feesliabilities, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Sources: Indenture (Valley Telephone Co., LLC), Indenture (Valley Telephone Co., LLC)
Control by Majority. The Subject to the express terms of this Indenture, the Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification from the Holders satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 2 contracts
Control by Majority. The Holders of a majority in principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall will be entitled to indemnification and/or security satisfactory to it the Trustee in its sole discretion against all fees, losses, claims, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action..
Appears in 1 contract
Sources: Indenture (Ferroglobe PLC)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction direc- tion that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines deter- mines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; providedprovid- ed, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory satisfacto- ry to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Townsquare Media, Inc.)
Control by Majority. The Subject to Section 5.12 of the Original Indenture, the Holders of the Notes of a majority in principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve another Holder of the Trustee in personal liabilityNotes; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such directiondirection or the Indenture. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liabilityit; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Subject 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 Noteholder, or that may involve the Trustee in personal liability. Prior to the Trustee taking any such action hereunderor following any direction pursuant to this Indenture, the Trustee shall be entitled to have received indemnification on terms satisfactory to it in its sole discretion against all feesany loss liability, losses, liabilities and expenses (including attorney’s fees and expenses) that may be claim or expense caused by taking or not taking such actionaction or following or not following such direction.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Earth Products, Inc.)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2any Security Document, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 1 contract
Sources: Indenture (WESTMORELAND COAL Co)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder or that would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Intelsat LTD)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Berry Plastics Corp)
Control by Majority. The Holders of at least a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liabilityanother Holder; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to seek indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 1 contract
Sources: Indenture (Exide Technologies)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 8.1 hereof, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification by the Noteholders satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Ibasis Inc)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Noteholder, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking or not taking such actionaction or following or not following such direction.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 7,01 and 7.27.02, that the Trustee determines deter mines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture the Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve of Notes not joining in the Trustee in personal liability; providedgiving of such direction, however, that the Trustee and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from Holders of Notes. Prior to taking any such action hereunder, the Trustee shall will be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may may, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Glatfelter P H Co)
Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Maxxim Medical Inc/Tx)
Control by Majority. The Holders holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders Securityholders, as the case may be, or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification and/or security satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that caused or which it may be caused incur by taking or not taking such action.
Appears in 1 contract
Sources: Indenture
Control by Majority. The Holders Noteholders of a majority in principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Notes Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Notes Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Notes Trustee determines is may be unduly prejudicial to the rights of other Holders Noteholders or would that may involve the Notes Trustee in personal liability; provided, however, that the . The Notes Trustee may take any other action deemed proper by the Notes Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Notes Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Bluegreen Corp)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes of a single maturity may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee by this Indenture. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders another Holder of such Notes or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, the Notes, or the Notes Guarantees or, subject to Sections Section 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification reasonably satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (ExamWorks Group, Inc.)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes Collateral Documents or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s the fees and expensesexpenses of its counsel) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Imco Recycling Inc)
Control by Majority. The Holders of a majority [two-thirds] in principal amount of the outstanding Notes may 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Loral Orion Inc)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders of Notes, or would that may involve the Trustee in personal liability; provided, however, that the Trustee liability and may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from the Holders of the Notes. Prior In addition, prior to taking any such action hereunder, the Trustee shall be entitled to indemnification from the Holders on terms reasonably satisfactory to it Trustee in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by arising from taking or not taking such action.
Appears in 1 contract
Control by Majority. The Holders of not less than a majority in principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Noteholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 1 contract
Sources: Indenture (Nortek Holdings Inc)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Holders Holder or that would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the bythe Trustee that is not inconsistent with such direction. Prior to taking any such action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Intelsat LTD)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 Section 7.01 and 7.2Section 7.02 hereof, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the total outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, the Notes or the Notes Guarantees or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification reasonably satisfactory to it against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Cumulus Media Inc)
Control by Majority. The Subject to Section 7.02, the ------------------- Holders of a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by -------- ------- the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Iron Age Corp)
Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Holders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior In the event the Trustee takes any action or follows any direction pursuant to taking any such action hereunderthis Indenture, the Trustee shall be entitled to indemnification reasonably satisfactory to it the Trustee against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be any loss or expense caused by taking such action or not taking following such actiondirection.
Appears in 1 contract
Sources: Indenture (CPI International, Inc.)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Holders Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification by the Securityholders directing it to act satisfactory to it in its sole discretion against all fees, losses, liabilities losses and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Pathmark Stores Inc)
Control by Majority. The Holders of a majority in principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or the Collateral Agent or of exercising any trust or power conferred on the TrusteeTrustee or the Collateral Agent. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee and the Collateral Agent shall be entitled to indemnification satisfactory to it against all fees, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Acelity L.P. Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes may direct in writing the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that may involve the Trustee in personal liability, or the Notes or, subject to Sections 7.1 and 7.2, that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Holders or would involve not joining in the Trustee in personal liability; providedgiving of such direction, however, that and the Trustee may take any other action deemed it deems proper by the Trustee that is not inconsistent with any such directiondirection received from Holders. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification reasonably satisfactory to it against all feesany costs, losses, liabilities and expenses (including attorney’s fees and expenses) that may be caused by taking or not taking such action.
Appears in 1 contract
Sources: Indenture (Cosan Ltd.)