Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05.
Appears in 10 contracts
Sources: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 10 contracts
Sources: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging Trust Inc), Guaranty Agreement (Kingston Plantation Development Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 9 contracts
Sources: First Supplemental Indenture (Dupont Fabros Technology, Inc.), Indenture, Indenture
Control by Majority. The Holders of at least a majority A Majority in aggregate principal amount of the outstanding Notes Interest 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 the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Equipment Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Equipment Notes.
Appears in 9 contracts
Sources: Trust Indenture and Security Agreement (Trinity Industries Inc), Trust Indenture and Security Agreement (Trinity Industries Inc), Trust Indenture and Security Agreement (Trinity Industries Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or 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 the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 8 contracts
Sources: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 7 contracts
Sources: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (Vici Properties Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 7 contracts
Sources: Indenture (CSK Auto Corp), Indenture (United Musical Instruments Usa Inc), Indenture (Steinway Musical Instruments Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 7 contracts
Sources: Indenture (Spansion Inc.), Indenture (Intertape Woven Products Services S.A. De C.V.), Indenture (R H Donnelley Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 the Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 7 contracts
Sources: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability, or that the . The Trustee determines in good faith may shall be unduly prejudicial entitled to the rights of Holders not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions received from Holders of Notes pursuant to such direction or this Section 6.05Indenture.
Appears in 6 contracts
Sources: Supplemental Indenture (CoreCivic, Inc.), Third Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 6 contracts
Sources: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee pursuant to this Indenture; provided that provided, however, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; and provided further provided, further, that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 6 contracts
Sources: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent consistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05such Notes.
Appears in 6 contracts
Sources: Senior Notes Indenture (Loral Cyberstar Inc), Senior Notes Indenture (Loral Space & Communications LTD), Senior Notes Indenture (Loral Space & Communications LTD)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may 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 the Trustee; provided that Trustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 6 contracts
Sources: Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Notes, not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 6 contracts
Sources: Senior Euro Notes Indenture (Viatel Inc), Senior Euro Notes Indenture (Viatel Inc), Senior Indenture (Viatel Inc)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 5 contracts
Sources: Indenture (TVN Entertainment Corp), Indenture (Itc Deltacom Inc), Indenture (Itc Deltacom Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 5 contracts
Sources: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liabilityliability or expense that is not adequately indemnified in the judgment of the Trustee, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 5 contracts
Sources: Indenture (Swift Transportation Co), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that Trustee pursuant to this Indenture. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 4 contracts
Sources: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action that it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 4 contracts
Sources: Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 3 contracts
Sources: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 3 contracts
Sources: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Corp), Indenture (Ak Steel Holding Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law law, this Indenture or this Indenturethe Intercreditor Agreement, 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 3 contracts
Sources: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC), Indenture (Enrestechnology LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, if the directing holders do not offer indemnity satisfactory to the Trustee in connection with such direction, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 3 contracts
Sources: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co), Indenture (Century Aluminum Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that Trustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 3 contracts
Sources: Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that is unduly prejudicial to the rights of another Holder of Notes (however the Trustee shall not have any obligation to determine this), or 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 not joining in the giving of such direction; and provided further that the . The Trustee may take any other action which it deems proper that is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 3 contracts
Sources: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)
Control by Majority. The Subject to Section 7.02(iv), the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 3 contracts
Sources: Indenture (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 3 contracts
Sources: Indenture (Orbital Sciences Corp /De/), Indenture (Mikohn Gaming Corp), Indenture (Herbalife International Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes of a series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that Trustee with respect to the Notes of such series. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the affected Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 3 contracts
Sources: Indenture (British American Tobacco p.l.c.), Indenture (Reynolds American Inc), Indenture (British American Tobacco p.l.c.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action that it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 3 contracts
Sources: Indenture (QualityTech, LP), Indenture (QualityTech, LP), Indenture (QTS Realty Trust, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may may, upon the advice of counsel, refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture (Allegheny Technologies Inc), Indenture (Toys R Us Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Senior Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Senior Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Senior Notes.
Appears in 2 contracts
Sources: Indenture (Donnelley R H Inc), Indenture (Donnelley R H Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for enforcing any rights and exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from for Holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture (Complete Production Services, Inc.), Indenture (Grant Prideco Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee with respect to the Notes, or exercising any trust or power conferred on upon the Trustee; provided that Trustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture (Windstream Services, LLC), Indenture (Windstream Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 2 contracts
Sources: Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount Accreted Value of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Holders.
Appears in 2 contracts
Sources: Indenture (Thermadyne MFG LLC), Indenture (Viasystems Group Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 2 contracts
Sources: Indenture (Cke Restaurants Inc), Indenture (Foodmaker Inc /De/)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture, Indenture (Rex Energy Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 2 contracts
Sources: Indenture (Cosan Ltd.), Indenture (JBS USA Holdings, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee by this Indenture. The Trustee; provided that the Trustee , however, may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, Indenture or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders another Holder not joining taking part in the giving of such directiondirection or involve it in personal liability; and provided further that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 2 contracts
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Notes, not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 2 contracts
Sources: Senior Discount Dm Indenture (Viatel Inc), Senior Discount Dollar Indenture (Viatel Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability, and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 2 contracts
Sources: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 2 contracts
Sources: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Control by Majority. The Subject to the terms of the Intercreditor Agreement, if applicable, the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture (Oppenheimer Holdings Inc), Indenture (Oppenheimer Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee trustee determines in good faith may be unduly prejudicial to the rights of Holders holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture (Opti Canada Inc), Indenture (Opti Canada Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 2 contracts
Sources: Indenture (Ultrapar Holdings Inc), Indenture (Ultrapar Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may 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 to the Trustee; provided that . However, the Trustee may may, subject to Article Seven, refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture (Ames True Temper, Inc.), Indenture (Ames True Temper, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or 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 provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from the Holders of a majority in aggregate principal amount of Notes pursuant to this Section 6.05then outstanding.
Appears in 2 contracts
Sources: Indenture (Aci Worldwide, Inc.), Indenture (Aci Worldwide, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it with respect to the Trustee; provided that Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, or that the Trustee determines may be unduly prejudicial to the rights of other Holders or that may involve the Trustee in personal liability; provided, or 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 provided further however, that the Trustee may take any other action it deems deemed proper by the Trustee that is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 2 contracts
Sources: Indenture (Meristar Hospitality Corp), Indenture (Meristar Hospitality Corp)
Control by Majority. The Subject to the terms of the Security Documents, the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 2 contracts
Sources: Indenture (Constellium N.V.), Indenture (Oppenheimer Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Telecom Argentina Sa)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from the Holders of a majority in aggregate principal amount of Notes pursuant to this Section 6.05then outstanding.
Appears in 1 contract
Sources: Indenture (PHH Corp)
Control by Majority. (a) The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the such Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 1 contract
Sources: Indenture (Penson Worldwide Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then-outstanding Notes 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 the exercise of any trust other right or power conferred on of the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in Trustee’s personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (GTT Communications, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided . However, that the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Knowles Electronics LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; and provided further provided, however, that the Trustee and may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Knology Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit; provided that provided, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (APW Supermarkets, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that the Trustee may require indemnity satisfactory to it to be furnished prior to taking such action. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (UWM Holdings Corp)
Control by Majority. The Subject to Section 2.09, the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve subject the Trustee in to personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Jones Lang Lasalle Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this 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 other Holders not joining of Notes or that may result in the giving incurrence of such direction; and provided further that liability by the Trustee. The Trustee may take any other action which it deems proper that which is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Sources: Indenture (Decisionone Corp /De)
Control by Majority. The Subject to the provision of an indemnity satisfactory the Trustee, the Holders of at least a majority in aggregate principal amount of the then-outstanding Notes may 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 the Trustee; provided that it. However, the Trustee a may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in Trustee’s personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (DineEquity, Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including any Additional Notes) may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee by this Indenture. The Trustee; provided that the Trustee , however, may refuse to follow any direction that conflicts with law or this Indenture, Indenture or that the Trustee determines may be unduly prejudicial to the rights of another Noteholder or 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 not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that the Trustee determines in good faith conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Rex Energy Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, (i) the Trustee may refuse to follow any direction that conflicts with law or this Third Supplemental Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders or 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 not joining in the giving of such direction; and provided further that (ii) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the an outstanding series of Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 any series of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05of any series.
Appears in 1 contract
Sources: Indenture (Ipalco Enterprises Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee 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 the Trustee; provided that it. However, (i) the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders or 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 not joining in the giving of such direction; and provided further that (ii) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Control by Majority. The Subject to certain restrictions, the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from the Holders of a majority in aggregate principal amount of Notes pursuant to this Section 6.05then outstanding.
Appears in 1 contract
Sources: Indenture (Digitalglobe, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; and provided further that . In addition, the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant Notes. The Trustee shall not be obligated to this Section 6.05take any action at the direction of Holders unless such Holders have offered to the Trustee indemnity satisfactory to the Trustee.
Appears in 1 contract
Sources: Indenture (Molycorp, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, (i) the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders or 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 not joining in the giving of such direction; and provided further that (ii) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions such direction received from the Holders of Notes pursuant to this Section 6.05a majority in aggregate principal amount of the then outstanding Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes affected thereby 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 the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that any proceeding 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05affected thereby.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any an trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Comple Tel LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05.Notes. 57 51
Appears in 1 contract
Sources: Indenture (Allegiance Telecom Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on Trustee. Notwithstanding the Trustee; provided that foregoing, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture or any Security Document that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Subject to Section 7.7, the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05such Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes; provided provided, however, that the Trustee may refuse to follow (i) such direction shall not be in conflict with any direction that conflicts with rule of law or with this 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 not joining in the giving of such direction; Indenture and provided further that (ii) the Trustee may take any other action it deems deemed proper by the Trustee that is not inconsistent with such direction. The Trustee shall be under no obligation to exercise any directions received from of its rights or powers under this Indenture at the request or direction of any of the Holders, unless such Holders of Notes pursuant shall have offered to this Section 6.05the Trustee security or indemnity to its satisfaction.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount Principal Amount at Maturity of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 1 contract
Sources: Indenture (Micron Technology Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that the Trustee may require indemnity satisfactory to it to be furnished prior to taking such action. However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (UWM Holdings Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 1 contract
Sources: Indenture (Pharma Services Intermediate Holding Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or any of the Security Documents, 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Playboy Enterprises Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any such direction that conflicts with law or this 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 the Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Sources: Indenture (Timken Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture, that may involve subject the Trustee in to personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (NFC Castings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may 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 the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on Trustee. Notwithstanding the Trustee; provided that foregoing, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes at maturity 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 the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Amazon Com Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may may, upon indemnification of the Trustee, 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 the Trustee in a manner satisfactory to the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Vitro Sa De Cv)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding then Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee; provided that . Subject to Section 7.1 and Section 7.2, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve exposes the Trustee in to personal liability, or that the Trustee determines in good faith may to be unduly prejudicial to the rights of Holders not joining in the giving of such directiontherein; and provided further provided, however, that the Trustee may take any other action it deems deemed proper by the Trustee that is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Sources: Indenture (Cemex Sab De Cv)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Diva Systems Corp)
Control by Majority. The Holders of at least ------------------- a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (Icg Services Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that any proceeding 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 not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be is unduly prejudicial to the rights of other Holders not joining or would involve the Trustee in personal liability unless the giving of such directionTrustee is offered indemnity reasonably satisfactory to it; and provided further provided, that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Sources: Indenture (Millipore Corp /Ma)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, (i) the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or the Intercreditor Agreement, that the Trustee determines may be unduly prejudicial to the rights of other Holders or 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 not joining in the giving of such direction; and provided further that (ii) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any directions received from Holders of Notes pursuant to this Section 6.05such direction.
Appears in 1 contract
Sources: Indenture (Triumph Group Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Holders.
Appears in 1 contract
Sources: Indenture (Coast Resorts Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 the Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05the Notes.
Appears in 1 contract
Sources: Indenture (Ipalco Enterprises, Inc.)
Control by Majority. The Subject to Section 7.02(d), the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this 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 Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any directions such direction received from Holders of Notes pursuant to this Section 6.05Notes.
Appears in 1 contract
Sources: Indenture (GeoPark LTD)