Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 33 contracts
Samples: Indenture (MidCon Compression LP), Indenture (Chesapeake Operating Inc), Indenture (Gene D. Yost & Son Inc.)
Control by Majority. The Holders of at least a majority in principal amount of the outstanding Securities will have the right to of any series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.
Appears in 26 contracts
Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.provided, however, that:
Appears in 10 contracts
Samples: Supplemental Indenture (Net Servicos De Comunicacao S A), Supplemental Indenture (Net Servicos De Comunicacao S A), Indenture (Golden Sky Systems Inc)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders of Securities or that may involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 8 contracts
Samples: Xm Satellite Radio Holdings Inc, Ventas Inc, Pegasus Communications Corp
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is not inconsistent with such directionunduly prejudicial to the rights of another Securityholder, as such, or that would involve the Trustee in personal liability.
Appears in 8 contracts
Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Leucadia National Corp
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.
Appears in 8 contracts
Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)
Control by Majority. The Majority Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is unduly prejudicial to the rights of Holders not inconsistent with joining in such direction, or that would involve the Trustee in personal liability.
Appears in 8 contracts
Samples: Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance Ii Inc)
Control by Majority. The Holders of a majority in principal amount of the outstanding Securities of a series will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such TrusteeTrustee with respect to Securities of such series, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 7 contracts
Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders, or would involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 7 contracts
Samples: Agreement (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.
Appears in 7 contracts
Samples: Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.
Appears in 6 contracts
Samples: Indenture (Nco Group Inc), Indenture (Manugistics Group Inc), Indenture (Waste Connections Inc/De)
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is unduly prejudicial to the rights of Securityholders not inconsistent with joining in such direction, or that would involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Indenture (Transition Auto Finance Ii Inc), Subsidiary Agreement (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Ii Inc)
Control by Majority. The Holders of a majority in principal amount of the Outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Securities not joining in the giving of such direction, and may take any other action deemed it deems proper by such Trustee that is not inconsistent with any such directiondirection received from Holders of Securities.
Appears in 6 contracts
Samples: Indenture (Suzano Austria GmbH), Indenture (Suzano Austria GmbH), sec.report
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to outstanding securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of another Securityholder, that would involve the Trustee may take in personal liability, or if the Trustee does not have sufficient indemnification against any other action deemed proper by such Trustee that is not inconsistent with such directionloss or expense.
Appears in 5 contracts
Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Lexington Precision Corp
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of another Securityholder, as such, or that would involve the Trustee in personal liability; provided, that the Trustee may take any other action deemed proper by such Trustee that it which is not inconsistent with such direction.
Appears in 5 contracts
Samples: Leucadia National Corp, Leucadia National Corp, Leucadia National Corp
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders or would involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 5 contracts
Samples: Del Webb Corp, Del Webb Corp, Del Webb Corp
Control by Majority. The Holders Owners of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of other Security Owners, or that may involve the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such directionin personal liability.
Appears in 5 contracts
Samples: Trust Indenture (Cornerstone Ministries Investments Inc), Trust Indenture (Pif/Cornerstone Ministries Investments Inc), Cornerstone Ministries Investments Inc
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will (or such lesser amount as shall have acted at a meeting pursuant to the provisions of this Indenture) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee that is not inconsistent with such direction.direction that:
Appears in 5 contracts
Samples: Indenture (Teva Pharmaceutical Finance Bv), Indenture (First American Financial Corp), Indenture (Foster Wheeler LTD)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then Outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders, or that may involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 4 contracts
Samples: First Supplemental Indenture (Styrochem International LTD), 1 (Pci Carolina Inc), Styrochem International Inc
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture Indenture, is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.
Appears in 4 contracts
Samples: Indenture (Continental Homes Holding Corp), Indenture (Continental Homes Holding Corp), Brand Scaffold Services Inc
Control by Majority. The At any time, the Holders of a majority in of the aggregate principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or for exercising any trust or power conferred on such the Trustee, with respect to the Securities, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.that:
Appears in 4 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.
Appears in 4 contracts
Samples: Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.), WebMD Health Corp.
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other Holders or would involve the Trustee in personal liability; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.
Appears in 4 contracts
Samples: Indenture (Charming Shoppes Inc), Alexion Pharmaceuticals Inc, Charming Shoppes Inc
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper Holders, or that may involve the Trustee in personal liability, in each case as determined by such Trustee that is not inconsistent with such directionthe Trustee.
Appears in 4 contracts
Samples: Integrated Health Services (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc), Indenture (Integrated Health Services Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will (or such lesser amount as shall have acted as a meeting pursuant to the provisions of this Indenture) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee that is not inconsistent with such direction.direction that:
Appears in 4 contracts
Samples: Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics), Indenture (Inhale Therapeutic Systems Inc)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Holders of Securities, or would involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 3 contracts
Samples: 1st FRANKLIN FINANCIAL CORP, First Franklin Financial Corp, First Franklin Financial Corp
Control by Majority. The Holders of a majority in principal amount of the outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of another Securityholder or that may involve the Trustee in personal liability; provided, that the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.
Appears in 3 contracts
Samples: Indenture (Specialty Chemical Resources Inc), Specialty Chemical Resources Inc, Specialty Chemical Resources Inc
Control by Majority. The Holders Owners of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of other Security Owners, or that may involve the Trustee may take any other action deemed proper by such in personal liability or expense for which the Trustee that is has not inconsistent with such directionreceived a satisfactory indemnity.
Appears in 3 contracts
Samples: Trust Indenture (Pif/Cornerstone Ministries Investments Inc), Cornerstone Ministries Investments Inc, Pif/Cornerstone Ministries Investments Inc
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability. The Trustee may take any other action deemed which it deems proper by such Trustee that which is not inconsistent with any such direction.
Appears in 3 contracts
Samples: Indenture (Vencor Inc), Vencor Inc, Republic Group Inc
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders, or that may involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 3 contracts
Samples: Indenture (Vegeterian Times Inc), Vegeterian Times Inc, Primedia Inc
Control by Majority. The Holders holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Noteholders, or would involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 2 contracts
Samples: Swift Energy Co, Swift Energy Co
Control by Majority. The Holders of a majority in principal amount of the Outstanding Securities will of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.provided, however, that:
Appears in 2 contracts
Samples: Indenture (RCN Corp /De/), Indenture (Cccisg Capital Trust)
Control by Majority. The Holders of a majority in principal amount of the outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, ; provided that (1a) such direction is not in conflict with any rule of law or with this Indenture and Indenture, (2b) the Trustee may take any other action deemed it deems proper by such Trustee that is not inconsistent with such directiondirection and (c) such Holders have offered to the Trustee indemnity as provided in Section 7.1(e).
Appears in 2 contracts
Samples: Indenture (Key Energy Group Inc), Key Energy Group Inc
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Securities will of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee; provided, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.however, that:
Appears in 2 contracts
Samples: Senior Debt Indenture (Caprock Communications Corp), Caprock Communications Corp
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such it. The Trustee, provided however, may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture, that is unduly prejudicial to the rights of other Securityholders or that may involve the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such directionin personal liability.
Appears in 2 contracts
Samples: Promissory Note (Genesis Financial Group Inc \Va\), Genesis Financial Group Inc \Va\
Control by Majority. The Holders of a majority in principal amount of the outstanding Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteethe Trustee with respect to the Securities, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 2 contracts
Samples: Indenture (Chesapeake Energy Corp), Intercreditor Agreement (Chesapeake Energy Corp)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that conflicts with law or this Indenture, that is not inconsistent with such directionunduly prejudicial to the rights of another Securityholder, or that would involve the Trustee in personal liability.
Appears in 2 contracts
Samples: Indenture (Thorn Apple Valley Inc), Indenture (Thorn Apple Valley Inc)
Control by Majority. The Holders of a majority in principal Principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders, or would involve the Trustee that is in personal liability or expense for which the Trustee has not inconsistent with such directionreceived a satisfactory indemnity therefor.
Appears in 2 contracts
Samples: Indenture (Sunopta Inc), Stake Technology LTD
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture or any Security Document and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 1 contract
Samples: Gothic Energy Corp
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture or the Pledge Agreement and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal of the Principal amount of the Outstanding Securities will (or such lesser amount as shall have acted at a meeting pursuant to the provisions of this Indenture) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee that is not inconsistent with such direction.direction that:
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee; provided, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.however:
Appears in 1 contract
Samples: Richardson Electronics LTD/De
Control by Majority. The Holders of a majority in principal amount of the Securities will then outstanding shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 1 contract
Samples: Michael Petroleum Corp
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, with respect to the Securities, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.that
Appears in 1 contract
Samples: Satisfaction And (Ddi Capital Corp/Dynamic Details Inc)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising exer cising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 1 contract
Samples: Registration Rights Agreement (Forman Petroleum Corp)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to of any Series then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.this
Appears in 1 contract
Samples: Lamar Electrical Inc
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Holders, or would involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 1 contract
Samples: Pioneer Financial Services Inc /De
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to 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 such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other action deemed proper by such Trustee that is not inconsistent with such direction.Securityholders or would
Appears in 1 contract
Samples: SFG Capital Corp
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that (i) conflicts with law or this Indenture, (ii) is unduly prejudicial to the rights of other action deemed proper by such Holders, or (iii) may involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 1 contract
Samples: Registration Rights Agreement (Dailey International Inc)
Control by Majority. The Subject to Section 2.12, the Holders of a majority in principal amount of the outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee that is not inconsistent with such direction.direction 68
Appears in 1 contract
Samples: Newport News Shipbuilding Inc
Control by Majority. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities will shall have the right to 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 such Trusteethe Trustee or the Collateral Agent, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.that
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such directionit.
Appears in 1 contract
Samples: Del Webb Corp
Control by Majority. The Holder or Holders of a majority in aggregate principal amount of the then outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such upon the Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.provided, that
Appears in 1 contract
Samples: Tia Indenture (Hallmark America Inc)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders or that may involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 1 contract
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any 64 - 57 - trust or power conferred on such the Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.provided, however, that:
Appears in 1 contract
Samples: Westpoint Stevens Inc
Control by Majority. The Subject to Section 2.09, the Holders of a majority in principal amount of the outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.or
Appears in 1 contract
Samples: Triton PCS Inc
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, the Trustee may refuse to 51 57 follow any direction that conflicts with law or this Indenture; provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.
Appears in 1 contract
Samples: Indenture (Waste Connections Inc/De)
Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.provided, however, that:
Appears in 1 contract
Samples: Golden Sky DBS Inc
Control by Majority. The Holders of a majority in principal outstanding Principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders, or would involve the Trustee that is in personal liability or expense for which the Trustee has not inconsistent with such directionreceived a satisfactory indemnity.
Appears in 1 contract
Samples: Junior Note Indenture (Lason Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of another Holder or the Trustee, or that is not inconsistent with such directionmay involve the Trustee in personal liability.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount at maturity of the Securities will have the right to 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 such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that is not inconsistent conflicts with such direction.law or this Indenture or,
Appears in 1 contract
Samples: Indenture (Ero Marketing Inc)
Control by Majority. The Holders of a majority in principal Principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders, or would involve the Trustee that is in personal liability or expense for which the Trustee has not inconsistent with such directionreceived a satisfactory indemnity.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any 52 direction that (i) conflicts with law or this Indenture, (ii) is unduly prejudicial to the rights of other action deemed proper by such Holders, or (iii) may involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 1 contract
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such direction that conflicts with law or this Indenture or would involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 1 contract
Samples: Rights Agreement
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee, ; provided that (1) such the Trustee may refuse to follow any direction is not in conflict that conflicts with any rule of law or with this Indenture or that shall expose the Trustee to personal liability; and (2) provided further that the Trustee may take any other action deemed it deems proper by such Trustee that is not inconsistent with such directionany directions received from Holders of Securities pursuant to this Section 7.05. SECTION 7.06.
Appears in 1 contract
Samples: Teekay Shipping Corp
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Securities will have the right may, subject to Section 7.02(iv), direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.refuse to
Appears in 1 contract
Samples: Indenture (Impsat Corp)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture, is unduly prejudicial to the rights of other action deemed proper by such Securityholders or would subject the Trustee that is not inconsistent with such directionto personal liability.
Appears in 1 contract
Samples: Rockdale Resources Corp
Control by Majority. The Holders of a majority in aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any 64 -57- trust or power conferred on such the Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.provided, however, that:
Appears in 1 contract
Samples: Westpoint Stevens Inc
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, 40 provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding will have the right right, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee under this Indenture or exercising any trust or power conferred on such Trustee, provided that (1i) such direction is not in conflict with any rule of law or with this Indenture and (2ii) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 1 contract
Samples: Giant Industries Inc
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or the Noteholder Collateral Agent or of exercising any trust or power conferred on such Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.or the
Appears in 1 contract
Samples: Us Concrete Inc
Control by Majority. The Holders of a majority in principal amount at maturity of the then outstanding Securities will have the right to may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other action deemed proper by such Holders of Securities or that may involve the Trustee that is not inconsistent with such directionin personal liability.
Appears in 1 contract
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to 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 such the Trustee. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any other action deemed proper by such Trustee direction that is not inconsistent conflicts with such direction.law or this Indenture or, subject to 68 60
Appears in 1 contract
Samples: Indenture (H R Window Supply Inc)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take refuse to follow any direction that conflicts with law or this Indenture or is unduly prejudicial to the rights of other action deemed proper by such Trustee that is not inconsistent with such directionSecurityholders.
Appears in 1 contract
Control by Majority. The Holders of a majority in ------------------- aggregate principal amount of the Outstanding Securities will shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on such the Trustee, provided that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.provided, however, that:
Appears in 1 contract
Samples: MTL Inc
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trustee, provided PROVIDED that (1) such direction is not in conflict with any rule of law or with this Indenture and (2) the Trustee may take any other action deemed proper by such Trustee that is not inconsistent with such direction.
Appears in 1 contract
Samples: Indenture (Chesapeake Energy Corp)
Control by Majority. The Holders of a majority in principal amount of the Securities will have the right to then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on such Trusteeit. However, provided the Trustee may refuse to follow any direction that (1) such direction is not in conflict conflicts with any rule of law or with this Indenture and (2) Indenture; PROVIDED that the Trustee may take any other action deemed proper by such the Trustee that which is not inconsistent with such direction.
Appears in 1 contract
Samples: Indenture (Pinnacle Holdings Inc)