Common use of Outstanding Securities; Determinations of Holders' Action Clause in Contracts

Outstanding Securities; Determinations of Holders' Action. (a) Securities outstanding at any time are all the Securities authenticated by the Trustee, except for those cancelled by it, those paid pursuant to Section 2.10 or 2.13 hereof and delivered to it for cancellation and those described in this Section 2.11 as not outstanding. A Security does not cease to be outstanding because the Partners, the Partnership, the Guarantor or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite Principal Amount of Securities have given or concurred in any request, demand, authorization, direction, notice, consent or waiver hereunder, Securities owned by the Partners, the Partnership, the Guarantor or any other obligor upon the Securities or any Affiliate of the Partners, the Partnership, the Guarantor or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in conclusively relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Securities which a Responsible Officer of the Trustee actually knows to be so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Articles 6 and 9).

Appears in 1 contract

Samples: Indenture (RPM International Inc/De/)

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Outstanding Securities; Determinations of Holders' Action. (a) Securities outstanding at any time are all the Securities authenticated by the Trustee, Trustee except for those cancelled by it, those paid pursuant to Section 2.10 or 2.13 hereof 2.08 and delivered to it for cancellation and those described in this Section 2.11 2.09 as not outstandingoutstanding (the "Outstanding Securities"). A Security does not cease to be outstanding because the Partners, the Partnership, the Guarantor Company or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite Principal Amount of Securities have given or concurred in any request, demand, authorization, direction, notice, consent or waiver hereunder, Securities owned by the Partners, the Partnership, the Guarantor Company or any other obligor upon the Securities or any Affiliate of the Partners, the Partnership, the Guarantor Company or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in conclusively relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Securities which a Responsible Trust Officer of the Trustee actually knows to be so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Articles 6 and 9)8).

Appears in 1 contract

Samples: Section Indenture (Allergan Inc)

Outstanding Securities; Determinations of Holders' Action. (a) Securities outstanding at any time are all the Securities authenticated by the Trustee, Trustee except for those cancelled by it, those paid pursuant to Section 2.10 or 2.13 hereof 2.07 and delivered to it for cancellation and those described in this Section 2.11 2.08 as not outstanding. A Security does not cease to be outstanding because the Partners, the Partnership, the Guarantor Company or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite Principal Amount at Maturity of Securities have given or concurred in any request, demand, authorization, direction, notice, consent or waiver hereunder, Securities owned by the Partners, the Partnership, the Guarantor Company or any other obligor upon the Securities or any Affiliate of the Partners, the Partnership, the Guarantor Company or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in conclusively relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Securities which a Responsible Officer of the Trustee actually knows to be so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Articles 6 and 9).

Appears in 1 contract

Samples: Eaton Vance Corp

Outstanding Securities; Determinations of Holders' Action. (a) Securities outstanding at any time are all the Securities authenticated by the Trustee, except for those cancelled by it, those paid pursuant to Section 2.10 or 2.13 hereof and delivered to it for cancellation and those described in this Section 2.11 as not outstanding. A Security does not cease to be outstanding because the Partners, the Partnership, the Guarantor Company or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite Principal Amount of Securities have given or concurred in any request, demand, authorization, direction, notice, consent or waiver hereunder, Securities owned by the Partners, the Partnership, the Guarantor Company or any other obligor upon the Securities or any Affiliate of the Partners, the Partnership, the Guarantor Company or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in conclusively relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Securities which a Responsible Officer of the Trustee actually knows to be so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Articles 6 and 9).

Appears in 1 contract

Samples: Indenture (RPM International Inc/De/)

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Outstanding Securities; Determinations of Holders' Action. (a) Securities outstanding at any time are all the Securities authenticated by the Trustee, Trustee except for those cancelled by it, those paid delivered to it pursuant to Section 2.10 or 2.13 hereof and delivered to it 2.07 for cancellation and those described in this Section 2.11 2.08 as not outstanding. A Security does not cease to be outstanding because the Partners, the Partnership, Company or the Guarantor or an Affiliate thereof of the Company or the Guarantor holds the Security; provided, however, that in determining whether the Holders of the requisite Principal Amount at Maturity of Securities have given or concurred in any request, demand, authorization, direction, notice, consent or waiver hereunder, Securities owned by the Partners, the Partnership, Company or the Guarantor or any other obligor upon the Securities or any Affiliate of the Partners, the Partnership, Company or the Guarantor or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in conclusively relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Securities which a Responsible Officer of the Trustee actually knows to be so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Articles 6 and 9).

Appears in 1 contract

Samples: Indenture (Countrywide Home Loans Inc)

Outstanding Securities; Determinations of Holders' Action. (a) Securities outstanding at any time are all the Securities authenticated by the Trustee, except for those cancelled by it, those paid pursuant to Section 2.10 or 2.13 hereof and delivered to it for cancellation and those described in this Section 2.11 as not outstanding. A Security does not cease to be outstanding because the Partners, the Partnership, the Guarantor Company or an Affiliate thereof holds the Security; provided, however, that in determining whether the Holders of the requisite Principal Amount of Securities have given or concurred in any request, demand, authorization, direction, notice, consent or waiver hereunder, Securities owned by the Partners, the Partnership, the Guarantor Company or any other obligor upon the Securities or any Affiliate of the Partners, the Partnership, the Guarantor Company or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in conclusively relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Securities which a Responsible Officer of the Trustee actually knows to be so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time of such determination shall be considered in any such determination (including, without limitation, determinations pursuant to Articles 6 and 9).

Appears in 1 contract

Samples: Indenture (RPM International Inc/De/)

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