NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 19 contracts
Samples: Indenture (Shift4 Payments, Inc.), Indenture (Beyond Meat, Inc.), Indenture (Freshpet, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 8 contracts
Samples: Indenture (Innoviva, Inc.), Securities Purchase Agreement (Bristow Group Inc), Indenture (Winnebago Industries Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 7 contracts
Samples: Indenture (Oil States International, Inc), Indenture (Corium International, Inc.), Indenture (Halozyme Therapeutics, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver waiver, consent or consentother action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 7 contracts
Samples: Indenture (Stem, Inc.), Indenture (Opendoor Technologies Inc.), Indenture (Rivian Automotive, Inc. / DE)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 6 contracts
Samples: Loan and Security Agreement (Outbrain Inc.), Indenture (Outbrain Inc.), Indenture (Halozyme Therapeutics, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 6 contracts
Samples: Indenture (Guess Inc), Indenture (SMART Global Holdings, Inc.), Indenture (Guess Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consentconsent or other action under this Indenture, Notes owned by the Company or any of its Subsidiaries or Affiliates or any Subsidiary of any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consentconsent or other action under this Indenture, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 6 contracts
Samples: Indenture (2U, Inc.), Indenture (Bandwidth Inc.), Indenture (Bandwidth Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 4 contracts
Samples: Indenture (Sabre Corp), Indenture (Air Transport Services Group, Inc.), Indenture (Varex Imaging Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 3 contracts
Samples: Indenture (Pegasystems Inc), Vail Resorts Inc, National Vision Holdings, Inc.
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.07, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 3 contracts
Samples: Perficient Inc, Perficient Inc, Perficient Inc
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 3 contracts
Samples: Indenture (Dick's Sporting Goods, Inc.), Indenture (Sunpower Corp), Indenture (American Eagle Outfitters Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.07 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consentconsent or other action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consentconsent or other action under this Indenture, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 2 contracts
Samples: Indenture (Eventbrite, Inc.), Indenture (Eventbrite, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18Sections 4.06 and 2.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 2 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), Supplemental Indenture (Tellurian Inc. /De/)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 2 contracts
Samples: First Supplemental Indenture (Xeris Pharmaceuticals Inc), SoFi Technologies, Inc.
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18Sections 3.06 and 2.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.06, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstandingOutstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Company certifies in an Officer’s Certificate to Trustee knows are as so owned will be so disregarded.
Appears in 1 contract
Samples: Supernus Pharmaceuticals Inc
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded..
Appears in 1 contract
Samples: Inotiv, Inc.
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Accredited Investor Notes beneficially owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Oscar Health, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.07 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (CNX Resources Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded. Section 2.16.
Appears in 1 contract
Samples: Xeris Biopharma Holdings, Inc.
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Affiliate Notes owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Bentley Systems Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver waiver, consent or consentother action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Post Holdings, Inc.
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.07, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (CalAmp Corp.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.03, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Verastem, Inc.
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Affiliate Notes beneficially owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (other than any Initial Holder Party) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Supplemental Indenture (Better Home & Finance Holding Co)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.13, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: First Supplemental Indenture (Mesa Laboratories Inc /Co)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.Responsible
Appears in 1 contract
Samples: Peabody Energy Corp
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Sabre Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Company, the Guarantor or any of its their respective Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Spotify Technology S.A.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded. Section 2.17.
Appears in 1 contract
Samples: Progress Software Corp /Ma
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.09, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (other than any Affiliate Note) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Samples: Indenture (Farfetch LTD)
