Common use of NOTES HELD BY THE COMPANY OR ITS AFFILIATES Clause in Contracts

NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 3.08, 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. The Trustee is not under any obligation to monitor or determine whether any Notes are owned by the Company or its Affiliates.

Appears in 2 contracts

Samples: Indenture (K2m Group Holdings, Inc.), K2m Group Holdings, Inc.

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NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 3.08, 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. The ; provided, however, that, for purposes of determining whether the Trustee is not under protected in relying on any obligation to monitor such direction, waiver or determine whether any consent, only Notes that the Trustee has received written notice from the Company certifying that the relevant Notes are owned by the Company or any of its Affiliates, will be so disregarded.

Appears in 1 contract

Samples: Indenture (NRG Energy, Inc.)

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NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 3.083.09, 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 will be deemed not to be outstanding. The ; provided, however, that, for purposes of determining whether the Trustee is not under protected in relying on any obligation to monitor such direction, waiver or determine whether any consent, only Notes that the Trustee knows are so owned by the Company or its Affiliateswill be so disregarded.

Appears in 1 contract

Samples: Indenture (Farfetch LTD)

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