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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 18 contracts
Samples: Supplemental Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Co), Supplemental Indenture (Lyondell Refining LP, LLC)
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. However, ; 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 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 such direction received from the HoldersHolders of Notes.
Appears in 16 contracts
Samples: Indenture (Time Warner Telecom Inc), Indenture (Time Warner Telecom Inc), Smurfit-Stone Container Enterprises Inc
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 10 contracts
Samples: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging Trust Inc), Kingston Plantation Development Corp
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 9 contracts
Samples: First Supplemental Indenture (Dupont Fabros Technology, Inc.), Indenture (Dupont Fabros Technology, Inc.), Indenture (Emerald Plantation Holdings LTD)
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 7 contracts
Samples: Indenture (Spansion Inc.), Indenture (R H Donnelley Corp), Intertape Woven Products Services S.A. De C.V.
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 7 contracts
Samples: 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 Outstanding 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 7 contracts
Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Supplemental Indenture (Vici Properties Inc.)
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 or that may involve the Trustee in personal liability and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 7 contracts
Samples: Indenture (Steinway Musical Instruments Inc), Indenture (CSK Auto Corp), United Musical Instruments Usa Inc
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from the Holdersor this Indenture.
Appears in 6 contracts
Samples: Supplemental Indenture (CoreCivic, Inc.), 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 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 6 contracts
Samples: 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 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 6 contracts
Samples: Viatel Inc, Viatel Inc, Viatel 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. 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 may take any other action it deems proper that is not inconsistent consistent with any such direction received from the HoldersHolders of such Notes.
Appears in 6 contracts
Samples: Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Space & Communications LTD)
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 5 contracts
Samples: Indenture (Advanced Lighting Technologies Inc), And Voting Agreement (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 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 5 contracts
Samples: Itc Deltacom Inc, Renaissance Media Capital Corp, TVN Entertainment Corp
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action that it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 4 contracts
Samples: Supplemental Indenture (CyrusOne Inc.), Supplemental Indenture (CyrusOne Inc.), Indenture (CyrusOne 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 TrusteeTrustee 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 4 contracts
Samples: 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 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 TrusteeTrustee 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 direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 3 contracts
Samples: Supplemental Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.), Supplemental Indenture (Huntington Ingalls Industries, 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 3 contracts
Samples: Merger (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 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 TrusteeTrustee 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 and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 3 contracts
Samples: Note (Reynolds American Inc), British American Tobacco p.l.c., British American Tobacco p.l.c.
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 3 contracts
Samples: Indenture (Ak Steel Holding Corp), Supplemental 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 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. 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 may take any other action that it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 3 contracts
Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP), Supplemental Indenture (QTS Realty Trust, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 3 contracts
Samples: Supplemental Indenture (Energy Resources Rail LLC), Supplemental Indenture (Enrestechnology LLC), Supplemental Indenture (Enrestechnology LLC)
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. 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 direction, and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Samples: Supplemental Indenture (JBS USA Holdings, Inc.), Indenture (Cosan Ltd.)
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. 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 the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Samples: Indenture (Ultrapar Holdings Inc), Indenture (Ultrapar Holdings Inc)
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the Holdersholders of Notes.
Appears in 2 contracts
Samples: Indenture (Opti Canada Inc), Opti Canada Inc
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Samples: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of a majority in aggregate principal amount of Notes then outstanding.
Appears in 2 contracts
Samples: Supplemental Indenture (Aci Worldwide, Inc.), Supplemental Indenture (Aci Worldwide, Inc.)
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 or that may involve the Trustee in personal liability and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 2 contracts
Samples: Cke Restaurants Inc, Foodmaker Inc /De/
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 or that may involve the Trustee in personal liability, and the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 2 contracts
Samples: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Samples: Verasun Energy Corp, Security Agreement (Verasun Energy Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 2 contracts
Samples: Viatel Inc, Viatel Inc
Control by Majority. The Holders of at least a majority in aggregate principal amount Accreted Value 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 2 contracts
Samples: Thermadyne MFG LLC, Viasystems Group 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 2 contracts
Samples: 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Indenture (Telecom Argentina Sa)
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the HoldersNotes.
Appears in 1 contract
Samples: Ipalco Enterprises, Inc.
Control by Majority. The Holders of at least ------------------- a majority in aggregate principal amount at maturity 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Icg Services Inc
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, (i) the Trustee may refuse to follow any direction that conflicts with law or this 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 and (ii) the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from the Holdersdirection.
Appears in 1 contract
Samples: Supplemental Indenture (Olin Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Haights Cross Operating Company (Haights Cross Operating Co)
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the Holdersfor Holders of Notes.
Appears in 1 contract
Samples: Management Agreement (Dutchess County Cellular Telephone Co Inc)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount at maturity 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Diva Systems Corp
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. Howeverit; 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Indenture (APW Supermarkets, 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at ------------------- least a majority in aggregate principal amount at maturity 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Icg Services Inc
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that 44 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of a majority in aggregate principal amount of Notes then outstanding.
Appears in 1 contract
Samples: Indenture (PHH Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (RSL Communications PLC)
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.. Section 6.06
Appears in 1 contract
Samples: Park Hotels & Resorts Inc.
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 exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, or 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 HOWEVER, that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems deemed proper by the Trustee that is not inconsistent with any such direction received from the Holdersdirection.
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 exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Samples: Coast Resorts Inc
Control by Majority. (a) 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 such Trustee. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
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 exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of such Notes.
Appears in 1 contract
Samples: Indenture (WEX 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. 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Samples: Dobson Communications Corp
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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. 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 and (ii) the Trustee determines in good faith may be unduly prejudicial to the rights of Holders not joining in the giving of such direction and may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from the Holdersdirection.
Appears in 1 contract
Samples: Triumph Group Inc
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.
Appears in 1 contract
Samples: Spectrum Brands, Inc.
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 exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of 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 exercising any trust or power conferred on the Trustee. 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 direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the Holdersdirection.
Appears in 1 contract
Samples: Indenture (Timken Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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 Trustee, or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of 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 exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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; provided, however, that the Trustee and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Knology Inc
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity 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 an trust or power conferred on the Trustee. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Comple Tel LLC
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Indenture (Loudcloud Inc)
Control by Majority. The Holders of at least a majority ------------------- in aggregate principal amount at maturity 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Earthwatch 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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the Holders.Holders of Notes. 57 51
Appears in 1 contract
Samples: Allegiance Telecom 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 96 103 power conferred on the Trustee. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Williams Communications Group 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. However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or any Collateral Document, 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of 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 exercising any trust or power conferred on the Trustee. 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 direction, and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
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. 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 may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes.
Appears in 1 contract
Samples: Amazon Com Inc
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, 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 direction and Trustee is offered indemnity reasonably satisfactory to it; provided, that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from the Holdersdirection.
Appears in 1 contract
Samples: Millipore Corp /Ma
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Outstanding 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. 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 and may take any other action it deems proper that is not inconsistent with any such direction received from the HoldersHolders of Notes affected thereby.
Appears in 1 contract