Common use of Notes Held by Company, Etc Clause in Contracts

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreement, or have directed the taking of any action provided herein to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective Affiliates shall be deemed not to be outstanding.

Appears in 14 contracts

Samples: Private Shelf Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc), Master Note Purchase Agreement (Henry Schein Inc)

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Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Guaranty Agreement, or have directed the taking of any action provided herein to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective Affiliates shall be deemed not to be outstanding.

Appears in 12 contracts

Samples: Note Purchase Agreement (Evercore Inc.), Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or any other Note Document, or have directed the taking of any action provided herein or in any other Note Document to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 5 contracts

Samples: Note Purchase and Private Shelf Agreement (MGP Ingredients Inc), Note Purchase and Private Shelf Agreement (MGP Ingredients Inc), Note Purchase Agreement (Usn Communications Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreementany of the Financing Documents, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Samples: Note Purchase Agreement (Kroll O Gara Co), Note Purchase Agreement (Ogara Co /Oh/)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Guaranty Agreement, or have directed the taking of any action provided herein to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the any Guarantor, the Company Company, the Parent or any of their respective Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Samples: Guaranty Agreement (Empire State Realty OP, L.P.), Guaranty Agreement (Empire State Realty OP, L.P.)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreement, the Notes, the Security Documents or the Intercreditor Agreement, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Samples: Note Purchase Agreement (United Asset Management Corp), Note Purchase Agreement (United Asset Management Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders Holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or any of the other Note Documents, or have directed the taking of any action provided for herein or in any of the other Note Documents to be taken upon the direction of the holders Holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Knowles Electronics Holdings Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or any of the other Note Documents, or have directed the taking of any action provided for herein or in any of the other Note Documents to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, any of the Company or any of their respective Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Investment Agreement (Wexford Management LLC)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the 46 42 holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Lone Star Industries Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective Affiliates shall be deemed not to be outstanding.then

Appears in 1 contract

Samples: Note Purchase Agreement (Kennedy Wilson Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreement, the Notes or any other Credit Document, or have directed the taking of any action provided herein or in the Notes or in any other Credit Document to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Noble Drilling Corp)

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Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreement, the Security Documents, the Subsidiary Guaranty, the Intercreditor Agreement or the Notes, or have directed the taking of any action provided herein or in the Security Documents, the Subsidiary Guaranty, the Intercreditor Agreement or the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Cornell Corrections Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or any of the other Note Documents, or have directed the taking of any action provided for herein or in any of the other Note Documents to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective Affiliates its Subsidiaries shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Escrow Agreement (Icg Communications Inc /De/)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Restricted Subsidiaries and Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Ameron International Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee AgreementAgreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company New Dreyer's or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Dreyers Grand Ice Cream Holdings Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreement, the Notes or under any other Note Document, or have directed the taking of any action provided herein herein, in the Notes or in any other Note Document to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Truserv Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreement, the Pledge Agreement or the Notes, or have directed the taking of any action provided herein or in the Notes to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Puerto Rican Cement Co Inc

Notes Held by Company, Etc. Solely for the purpose of determining whether the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Guarantee Agreement, the Notes or any other Financing Agreement, or have directed the taking of any action provided herein herein, in the Notes or any other Financing Agreement to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (Efunds Corp)

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