Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 43 contracts
Sources: Indenture (Voyager Technologies, Inc./Tx), Indenture (Opendoor Technologies Inc.), Indenture (Realty Income Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 39 contracts
Sources: Indenture (Progress Software Corp /Ma), Indenture (Winnebago Industries Inc), Indenture (Better Home & Finance Holding Co)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 10 contracts
Sources: First Supplemental Indenture (Vaxcyte, Inc.), First Supplemental Indenture (Viking Therapeutics, Inc.), First Supplemental Indenture (Sable Offshore Corp.)
Control by Majority. Holders of a majority in aggregate principal amount of the number of Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 8 contracts
Sources: Indenture (Netskope Inc), Indenture (Netskope Inc), Indenture (Netskope Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (andoffered, and if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).
Appears in 8 contracts
Sources: Indenture (Bandwidth Inc.), Indenture (2U, Inc.), Indenture (Bandwidth Inc.)
Control by Majority. Holders of a majority in aggregate principal amount Original Principal Amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 8 contracts
Sources: Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).
Appears in 7 contracts
Sources: Indenture (Coinbase Global, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Peloton Interactive, Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding may are given 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be in good faith is unduly prejudicial to the rights of any other Holders Holder, is otherwise contrary to applicable law, or may that would involve the Trustee in liability, unless personal liability or expense for which the Trustee is offered (and, if requested, provided with) has not received an indemnity or security and indemnity satisfactory to the Trustee against any loss, liability or expense satisfactory to it, and the Trustee that may result take any other action it deems proper which is not inconsistent with any such direction received from the Trustee’s following such directionHolders.
Appears in 6 contracts
Sources: Indenture (Tesla, Inc.), Indenture, Indenture (Micron Technology Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 6 contracts
Sources: Indenture (Kimco Realty OP, LLC), Indenture (Healthcare Realty Trust Inc), Indenture (Oscar Health, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 5 contracts
Sources: Indenture (Cytokinetics Inc), Indenture (Mirum Pharmaceuticals, Inc.), Indenture (Cytokinetics Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding may Notes will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in any financial or personal liability. In case an Event of Default has occurred and is continuing, unless prior to taking any action hereunder, the Trustee is offered shall be entitled to satisfactory indemnification or security (and, if requested, provided withor both) security and indemnity satisfactory to the Trustee against any all loss, liability and expenses caused by the taking or expense to the Trustee that may result from the Trustee’s following not taking of such directionaction.
Appears in 5 contracts
Sources: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas GP, LLC)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 4 contracts
Sources: Indenture (CNX Resources Corp), Indenture (Aegerion Pharmaceuticals, Inc.), Indenture (Realogy Group LLC)
Control by Majority. 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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. In the event the Trustee takes any action or follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification from the Company satisfactory to it in its sole discretion against any fees, loss, liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability cost or expense to the Trustee that may result from the Trustee’s caused by taking such action or following such direction.
Appears in 4 contracts
Sources: Indenture (Ziff Davis Intermediate Holdings Inc), Indenture (Dresser Inc), Indenture (Etesting Labs Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Securities may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may (i) refuse to follow any direction that conflicts with lawlaw or this Indenture, this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders or that may involve subject the Trustee in liability, unless the to personal liability or (ii) take any other action that it deems proper that is not inconsistent with such decision. The Trustee is offered (and, if requested, provided with) security and indemnity shall be entitled to indemnification reasonably satisfactory to it against losses or expenses caused by the Trustee against any loss, liability taking or expense to the Trustee that may result from the Trustee’s following not taking of such directionaction.
Appears in 4 contracts
Sources: Indenture (Advantica Restaurant Group Inc), Indenture (Dennys Holdings Inc), Indenture (Dennys Holdings Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requestedrequested provided, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 3 contracts
Sources: Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).
Appears in 3 contracts
Sources: Indenture (Imax Corp), Indenture (enCore Energy Corp.), Indenture (Imax Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding outstanding, determined in accordance with Section 2.15, may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 3 contracts
Sources: Indenture (Amryt Pharma PLC), Indenture (Amryt Pharma PLC), Indenture
Control by Majority. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes then outstanding may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on it. Howeverthe Trustee, provided, however, that the Trustee may refuse to follow any direction (a) that conflicts with lawany rule of law or this Indenture, this Indenture or the Notes, or that, subject to Section 10.01, (b) that the Trustee determines may be unduly prejudicial to the rights of other Holders another Noteholder, or (c) that may involve expose the Trustee in liability, to personal liability unless the Trustee is offered (andhas been provided reasonable indemnity against any loss or expense caused by its following such direction; and provided, if requestedfurther, provided with) security and indemnity satisfactory to that the Trustee against may take any loss, liability or expense to other action deemed proper by the Trustee that may result from the Trustee’s following is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Prime Succession Inc), Indenture (Rose Hills Co), Indenture (Telegroup Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, and if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).
Appears in 2 contracts
Sources: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp)
Control by Majority. Holders of a majority more than fifty percent (50%) in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: Indenture (K2m Group Holdings, Inc.), Indenture (K2m Group Holdings, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability. Prior to taking any action under this Indenture, unless the Trustee is offered (and, if requested, provided with) entitled to security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).
Appears in 2 contracts
Sources: Indenture (Rocket Lab USA, Inc.), Indenture (Cerevel Therapeutics Holdings, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.01 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: First Supplemental Indenture (Cytokinetics Inc), First Supplemental Indenture (Retrophin, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: Indenture (Mirum Pharmaceuticals, Inc.), Indenture (Xeris Biopharma Holdings, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), First Supplemental Indenture (Xeris Pharmaceuticals Inc)
Control by Majority. 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 exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: Indenture (Better Home & Finance Holding Co), Exchange Agreement (Better Home & Finance Holding Co)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then Securities at the time outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or thator, subject to Section 10.017.01, that the Trustee determines may be is unduly prejudicial to the rights of other Holders or may would potentially involve the Trustee in personal liability. Prior to taking any action hereunder, unless the Trustee is offered (and, if requested, provided with) security and indemnity shall be entitled to indemnification satisfactory to the Trustee in its sole discretion against any loss, liability all losses and expenses caused by taking or expense to the Trustee that may result from the Trustee’s following not taking such directionaction.
Appears in 2 contracts
Sources: Indenture (American Realty Capital Properties, Inc.), Indenture (CapLease, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it, subject to Section 11.02(f). However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and and/or indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: Indenture (Macerich Co), Indenture (Boston Properties LTD Partnership)
Control by Majority. The Holders of a majority in aggregate principal outstanding amount of the outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that the Trustee determines (after consultation with counsel) conflicts with law, law or this Indenture or the Notes, or thator, subject to Section 10.017.01, that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder or that may involve the Trustee in personal liability. Prior to taking any action under this Indenture, unless the Trustee is offered (and, if requested, provided with) security and indemnity will be entitled to indemnification satisfactory to the Trustee it in its sole discretion against any loss, liability all losses and expenses caused by taking or expense to the Trustee that may result from the Trustee’s following not taking such directionaction.
Appears in 2 contracts
Sources: Indenture (Delhaize Group), Indenture (Delhaize Group)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 2 contracts
Sources: Indenture (Bloomin' Brands, Inc.), Indenture (Guess Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes Securities then outstanding may 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 itit with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with lawlaw or this Indenture, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be is unduly prejudicial to the rights of other Holders or may would involve the Trustee in liability, personal liability unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee it against any cost, loss, liability or expense to expense; provided that the Trustee may take any other action deemed proper by the Trustee that may result from the Trustee’s following is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (NortonLifeLock Inc.), Indenture (NortonLifeLock Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (andoffered, and if requested, provided with) provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).
Appears in 2 contracts
Sources: Indenture (Eventbrite, Inc.), Indenture (Eventbrite, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.1 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: Indenture (Ani Pharmaceuticals Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Securities may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or thator, subject to Section 10.017.01 hereof, that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder or may that would involve the Trustee in personal liability. Prior to taking any action under this Indenture, unless the Trustee is offered (and, if requested, provided with) security and indemnity shall be entitled to indemnification satisfactory to the Trustee it in its sole discretion against any loss, liability all losses and expenses caused by taking or expense to the Trustee that may result from the Trustee’s following not taking such directionaction.
Appears in 1 contract
Sources: Indenture (PQ Group Holdings Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes Securities then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itit with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with lawlaw or this Indenture, this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders another Holder or the Trustee, or that may involve the Trustee in liability, personal liability unless the Trustee is offered (and, if requested, provided with) indemnity or security and indemnity reasonably satisfactory to the Trustee against any loss, liability or expense to the Trustee to institute such proceeding as Trustee ; provided that the Trustee may result from take any other action deemed proper by the Trustee’s following Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Rambus Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.016.05 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: First Supplemental Indenture (Cogent Biosciences, Inc.)
Control by Majority. Holders of a majority in more than 50% of the aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: Indenture (Innoviva, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (offered, and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: First Supplemental Indenture (Arrowhead Pharmaceuticals, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding Outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.01 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction..
Appears in 1 contract
Sources: Indenture (Inotiv, Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture law or the NotesIndenture, that may involve the Trustee in personal liability, or that, subject to Section 10.01, that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction, and may take any other action it deems proper that is not inconsistent with any such direction received from Holders. The Trustee will be under no obligation to exercise any of the rights and powers under the Indenture at the request or direction of any of the Holders or may involve the Trustee in liability, unless the Trustee is such Holders have offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee indemnity or security satisfactory to it against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directionexpense.
Appears in 1 contract
Sources: Indenture (J2 Global, Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of outstanding Notes (which contain the Notes then outstanding applicable default) may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder or may that would involve the Trustee in personal liability. Prior to taking any action under this Indenture, unless the Trustee is offered (and, if requested, provided with) will be entitled to security and indemnity or indemnification satisfactory to the Trustee in its sole discretion against any lossall losses, liability or expense to the Trustee liabilities and expenses that may result from the Trustee’s following be caused by taking or not taking such directionaction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.01 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject Table of Contents to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: Indenture (Spotify Technology S.A.)
Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with lawlaw or this Indenture, this Indenture the Notes or the Notesany Note Guarantee, or that, subject to Section 10.01, that the Trustee determines may be in good faith is unduly prejudicial to the rights of any other Holders Holder or may that would involve the Trustee in liability, unless personal liability or expense for which the Trustee is has not been offered (and, if requested, provided with) security and an indemnity satisfactory to it (it being understood that the Trustee against shall have no duty to determine whether any loss, liability or expense direction is prejudicial to the Trustee that may result from the Trustee’s following such directionany Holder).
Appears in 1 contract
Sources: Indenture (Aris Mining Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01Section 7.01 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01Section 11.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability cost, liability, damage, fee or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: Indenture (Hertz Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.01 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: First Supplemental Indenture (Travere Therapeutics, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: First Supplemental Indenture (Centennial Resource Development, Inc.)
Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Securities may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it, including, without limitation, any remedies provided for in Section 7.03. However, the The Trustee may refuse refuse, however, to follow any direction that conflicts with law, the Securities or this Indenture or the NotesIndenture, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders or another Securityholder, that may involve the Trustee in liability, unless personal liability or if the Trustee is offered (and, if requested, determines that it does not have adequate indemnification against any loss or expense; provided with) security and indemnity satisfactory to that the Trustee against may take any loss, liability or expense to other action deemed proper by the Trustee that may result from the Trustee’s following which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Trans Lux Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01Section 7.1 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: First Supplemental Indenture (Zenas BioPharma, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless . Prior to taking any actions under this Indenture. the Trustee is offered (and, if requested, provided with) will be entitled to security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture Indenture, the Notes or the Notesany Note Guarantee, or that, subject to Section 10.01, that the Trustee determines may be in good faith is unduly prejudicial to the rights of any other Holders Holder or may that would involve the Trustee in liability, unless personal liability or expense for which the Trustee is offered (and, if requested, provided with) has not received a satisfactory indemnity or security and indemnity satisfactory to the Trustee it against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.1 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).
Appears in 1 contract
Control by Majority. Holders The holders of a majority in aggregate principal amount of the Notes then outstanding Securities may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it, including, without limitation, any remedies provided for in Section 5.3. However, the The Trustee may refuse refuse, however, to follow any direction that conflicts with law, the Securities or this Indenture or the NotesIndenture, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders or another Securityholder, that may involve the Trustee in liability, unless personal liability or if the Trustee is offered (and, if requested, determines that it does not have adequate indemnification against any loss or expense; provided with) security and indemnity satisfactory to that the Trustee against may take any loss, liability or expense to other action deemed proper by the Trustee that may result from the Trustee’s following which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Continucare Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (andoffered, and if requested, provided with) provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (andoffered, and if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: Indenture (Vertex, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: First Supplemental Indenture (Cheesecake Factory Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01the terms of the Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: First Supplemental Indenture (Collegium Pharmaceutical, Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: Indenture (LumiraDx LTD)
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may by written direction to the Trustee direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability liability, damage, fee, cost, or expense (including outside counsel reasonable attorneys’ fees and expenses and court costs) to the Trustee that may result from the Trustee’s following such direction.
Appears in 1 contract
Sources: Indenture (Post Holdings, Inc.)