Common use of Original Issue Discount, Foreign-Currency Denominated and Treasury Securities Clause in Contracts

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that currency, as that rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that Security, of the amount determined as provided in (a) above), of that Security and (c) Securities owned by the Company or any other obligor on the Securities or any Affiliate of the Company or of that other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that the Trustee actually knows are so owned shall be so disregarded.

Appears in 15 contracts

Samples: Indenture (Oceaneering International Inc), Indenture (Egl Inc), Nuveen Investments Inc

AutoNDA by SimpleDocs

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company or any other obligor on upon the Securities or any Affiliate of the Company or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 9 contracts

Samples: Indenture (Civeo Corp), Senior Indenture (Exterran Holdings Inc.), Indenture (Hilltop Holdings Inc.)

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company or any other obligor on upon the Securities or any Affiliate of the Company or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 8 contracts

Samples: Indenture (Pride International Inc), Indenture (Lennox Industries Inc), Conoco Inc /De

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company Company, a Guarantor or any other obligor on upon the Securities or any Affiliate of the Company Company, of a Guarantor or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 7 contracts

Samples: Indenture (Jones Energy, Inc.), Indenture (Jones Energy Holdings, LLC), Indenture (Jones Energy Holdings, LLC)

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company Partnership by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company Partnership by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company Partnership, the Guarantor or any other obligor on upon the Securities or any Affiliate of the Company Partnership, of the Guarantor or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 6 contracts

Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P., Martin Operating Partnership L.P.

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company Company, the Guarantor or any other obligor on upon the Securities or any Affiliate of the Company Company, of the Guarantor or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Conocophillips), Phillips 66 Co, Phillips 66

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company Company, a Subsidiary Guarantor or any other obligor on upon the Securities or any Affiliate of the Company Company, of a Subsidiary Guarantor or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (AMI 2, Inc.), Indenture (AMI 2, Inc.), Pardril Inc

AutoNDA by SimpleDocs

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company or any other obligor on upon the Securities or any Affiliate of the Company or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that the Trustee actually knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Cabot Oil & Gas Corp), Indenture (Conoco Inc /De), Indenture (Cabot Oil & Gas Corp)

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that currency, as that rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that Security, of the amount determined as provided in (a) above), of that Security and (c) Securities owned by the Company or any other obligor on the Securities or any Affiliate of the Company or of that other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Senior Indenture (Post Holdings, Inc.), Indenture (McDermott International Inc), McDermott International Inc

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company Partnership by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company Partnership by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company Partnership, the Guarantor, a Subsidiary Guarantor or any other obligor on upon the Securities or any Affiliate of the Company Partnership, of the Guarantor, of a Subsidiary Guarantor or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Heritage Propane Partners L P), Heritage Propane Partners L P

Original Issue Discount, Foreign-Currency Denominated and Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, (a) the principal amount of an Original Issue Discount Security shall be the principal amount thereof that would be due and payable as of the date of that such determination upon acceleration of the Stated Maturity thereof pursuant to Section 6.02, (b) the principal amount of a Security denominated in a foreign currency shall be the Dollar equivalent, as determined by the Company by reference to the noon buying rate in The City of New York for cable transfers for that such currency, as that such rate is certified for customs purposes by the Federal Reserve Bank of New York (the "Exchange Rate") on the date of original issuance of that such Security, of the principal amount (or, in the case of an Original Issue Discount Security, the Dollar equivalent, as determined by the Company by reference to the Exchange Rate on the date of original issuance of that such Security, of the amount determined as provided in (a) above), of that such Security and (c) Securities owned by the Company or any other obligor on upon the Securities or any Affiliate of the Company or of that such other obligor shall be disregarded, except that, for the purpose of determining whether the Trustee shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Securities that the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Halliburton Co

Time is Money Join Law Insider Premium to draft better contracts faster.