Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 14 contracts
Sources: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp), Indenture (Archrock, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers or any GuarantorIssuers, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 14 contracts
Sources: Indenture (Park Hotels & Resorts Inc.), Indenture (Park Hotels & Resorts Inc.), Indenture (MGM Growth Properties Operating Partnership LP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in conclusively 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 13 contracts
Sources: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers or any GuarantorIssuer, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 12 contracts
Sources: Indenture (Uniti Group Inc.), Indenture (Cumulus Media Inc), Indenture (Entercom Communications Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 12 contracts
Sources: Indenture (Calumet, Inc. /DE), Indenture (Calumet, Inc. /DE), Indenture (Herbalife Ltd.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or an Issuer, by any Guarantor, Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Partnership or any Subsidiary Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 12 contracts
Sources: Fifteenth Supplemental Indenture (Markwest Energy Partners L P), Thirteenth Supplemental Indenture (Markwest Energy Partners L P), Tenth Supplemental Indenture (Markwest Energy Partners L P)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 11 contracts
Sources: Indenture (Vistra Corp.), Indenture (Vistra Corp.), Indenture (Vistra Corp.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 11 contracts
Sources: Indenture (Kodiak Gas Services, Inc.), Indenture (Kodiak Gas Services, Inc.), Indenture (CNX Resources Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in conclusively 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 10 contracts
Sources: Indenture (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 9 contracts
Sources: Indenture, Indenture (Allwyn Entertainment AG), Indenture (Allwyn Entertainment AG)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, Guarantor will be considered as though disregarded and deemed not to be outstanding, except that for the purposes of determining whether the Trustee will be 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 9 contracts
Sources: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorIssuers, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 8 contracts
Sources: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorIssuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 7 contracts
Sources: Indenture (Brookfield Property REIT Inc.), Indenture (Cablevision Systems Corp /Ny), Indenture (U.S. Shipping Partners L.P.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorIssuer, will be considered as though not outstandingoutstanding to the extent required in order to qualify this Indenture under the TIA, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Virgin Media Inc.), Indenture (Virgin Media Inc.), Indenture (Virgin Media Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any request, demand, authorization, direction, waiver notice, consent or consentwaiver, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Issuers or any Guarantor, will Issuer shall be considered as though not outstandingdisregarded, except that for for, the purposes of determining whether the Trustee will shall be protected in relying on any such request, demand, authorization, direction, waiver notice, consent or consentwaiver, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 7 contracts
Sources: Supplemental Indenture (Alere Inc.), Sixteenth Supplemental Indenture (Alere Inc.), Fifteenth Supplemental Indenture (Alere Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers either Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Par Pacific Holdings, Inc.), Indenture (Par Pacific Holdings, Inc.), Indenture (CVR Partners, Lp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will of their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 7 contracts
Sources: Indenture (Ellington Financial Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or an Issuer, by any Guarantor, Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Subsidiary Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 7 contracts
Sources: Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by an Issuer, by the Issuers or any Parent Guarantor, by any Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Issuer, the Issuers Parent Guarantor or any Subsidiary Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 7 contracts
Sources: Indenture (Cloud Peak Energy Inc.), Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Issuers or any GuarantorIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers or any GuarantorIssuer, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 6 contracts
Sources: Indenture (GameStop Corp.), Indenture (GameStop Corp.), Indenture (GameStop Corp.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Alpha Natural Resources, Inc.), Indenture (Alpha Natural Resources, Inc.), Indenture (Walter Energy, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 6 contracts
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers an Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers an Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 5 contracts
Sources: Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 5 contracts
Sources: Indenture (California Resources Corp), Indenture (Summit Midstream Partners, LP), Indenture (California Resources Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 5 contracts
Sources: Indenture (Liberty Global PLC), Indenture (Liberty Global PLC), Indenture (Liberty Global PLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Pitney Bowes Inc /De/), Indenture (Pitney Bowes Inc /De/), Indenture (Taylor Morrison Home Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, Subsidiary Guarantor will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 5 contracts
Sources: Securities Purchase Agreement, Supplemental Indenture, Securities Purchase Agreement
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 5 contracts
Sources: First Supplemental Indenture (Chemtura CORP), Indenture (IASIS Healthcare LLC), Indenture (Advanced Medical Optics Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are to be so owned will shall be so disregardedconsidered as not outstanding.
Appears in 5 contracts
Sources: Indenture (Majestic Star Casino LLC), Indenture (Majestic Star Casino LLC), Indenture (Majestic Investor Capital Corp)
Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantoran Issuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantoran Issuer, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Holdings Capital Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers an Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 4 contracts
Sources: Indenture (Express Parent LLC), Indenture (Hughes Communications, Inc.), Indenture (HNS Finance Corp.)
Treasury Notes. In determining whether the Holders of the required principal amount or Aggregate Accreted Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers any Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers any Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 4 contracts
Sources: Indenture (Pebblebrook Hotel Trust), Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by Parent, the Issuers Issuer or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Parent, the Issuers Issuer or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 4 contracts
Sources: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers any Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers any Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 4 contracts
Sources: Indenture (CSI Compressco LP), Indenture (CSI Compressco LP), Indenture (Tetra Technologies Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 4 contracts
Sources: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or an Issuer, by any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Energy Resources, LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, amendment, supplement, waiver or consent, Notes owned by the Issuers Company, a Guarantor or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with other obligor upon the Issuers Notes or any Guarantor, will Affiliate of the Company or a Guarantor or of such other obligor shall be considered as though not outstandingdisregarded, except that that, for the purposes purpose of determining whether the Trustee will shall be protected in relying on upon any such direction, amendment, supplement, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorGuarantors, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorGuarantors, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: First Supplemental Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver direction or consent, Notes owned by the Issuers or any GuarantorIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorIssuer, will be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver direction or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 3 contracts
Sources: Second Supplemental Indenture (Sears Holdings Corp), First Supplemental Indenture (Sears Holdings Corp), First Supplemental Indenture (Sears Holdings Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes of each series have concurred in any direction, waiver or consent, Notes owned by the Issuers any Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers any Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: Supplemental Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, request, demand, authorization, notice, waiver or consentconsent pursuant to this Indenture, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: Indenture (Greenfire Resources Ltd.), Indenture (Greenfire Resources Ltd.), Indenture
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in conclusively 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 3 contracts
Sources: Indenture (Endo, Inc.), Indenture (Endo International PLC), Indenture (Endo Health Solutions Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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. Upon request of the Trustee, the Issuer will identify any such Notes known by the Issuer to be so owned in an Officer’s Certificate delivered to the Trustee, upon which the Trustee shall be entitled to conclusively rely.
Appears in 3 contracts
Sources: Indenture (Ingram Micro Holding Corp), Indenture (Ingram Micro Holding Corp), Indenture (Custom Truck One Source, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any GuarantorGuarantor (if any), or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any GuarantorGuarantor (if any), will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: First Supplemental Indenture (Phillips 66 Partners Lp), Second Supplemental Indenture (Phillips 66 Partners Lp), Third Supplemental Indenture (Phillips 66 Partners Lp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company, any Guarantor or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers Company or any Guarantor, Guarantor will be considered as though not outstandingdisregarded, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: Indenture (Continental Airlines Inc /De/), Indenture (United Air Lines Inc), Indenture (United Air Lines Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes of either series have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes of such series that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 3 contracts
Sources: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Corp.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers any Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers any Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consentconsent pursuant to the Note Documents, Notes owned by the Issuers Issuer or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: Indenture (Talen Energy Corp), Indenture (Talen Energy Corp), Supplemental Indenture (Talen Energy Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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 3 contracts
Sources: Indenture (StoneX Group Inc.), Indenture (StoneX Group Inc.), Indenture (Intl Fcstone Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 3 contracts
Sources: Indenture (Patrick Industries Inc), Indenture (Patrick Industries Inc), Indenture (American Woodmark Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers either Issuer, any Guarantor or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers either Issuer or any Guarantor, will Guarantor shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca)
Treasury Notes. In determining whether the Holders of the required principal amount of relevant Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Smurfit Westrock PLC), Indenture (Smurfit WestRock PLC), Indenture (Smurfit Westrock PLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by any Issuer, the Issuers or any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with any Issuer or the Issuers or any Guarantor, will Guarantor shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (Usx Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consentconsent pursuant to the Notes Documents, Notes owned by the Issuers Issuer or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Applied Digital Corp.), Indenture (Terawulf Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers an Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers an Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Susser Holdings CORP), Indenture (Susser Holdings CORP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Carmike Cinemas Inc), Indenture (Carmike Cinemas Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by either of the Issuers or any GuarantorIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with either of the Issuers or any GuarantorIssuers, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Broadcom Cayman L.P.), Indenture (Broadcom LTD)
Treasury Notes. In determining whether the Holders of the required principal amount of any series of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Smurfit Westrock PLC), Indenture (Smurfit Kappa Acquisitions Unlimited Co)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee and the Registrar will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows and the Registrar know are so owned will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Twist Beauty S.a r.l. & Partners S.C.A.), Indenture (Orion Engineered Carbons S.a r.l.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantorof their respective Affiliates, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Interface Security Systems, L.L.C.), Indenture (Interface Security Systems Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorCompany, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorCompany, will be considered as though not outstandingoutstanding if the Holders thereof would not be permitted to vote on such matter pursuant to the TIA, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Syniverse Technologies Inc), Indenture (Tsi Finance Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any notice, direction, waiver or consent, Notes owned by the Issuers or Company, any Guarantor, Guarantor or by any Person directly other obligor upon the Notes or indirectly controlling or controlled by or under direct or indirect common control with any Affiliate of the Issuers Company, any Guarantor or any Guarantorsuch obligor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in relying on any such notice, direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Aerojet Ordnance Tennessee Inc), Indenture (Medvest Holdings Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes notes have concurred in any direction, waiver or consent, Notes notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Gogo Inc.), Indenture (Gogo Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, the Principal or a Related Party will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (DISH Network CORP), Indenture (SNR Wireless LicenseCo, LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Vantiv, Inc.), Indenture
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Smurfit WestRock PLC), Indenture (Smurfit WestRock PLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Company, by the Parent Guarantor, by any Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company, the Parent Guarantor or any such Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Xm Satellite Radio Holdings Inc), Indenture (Xm Satellite Radio Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver waiver, vote or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver waiver, vote or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Castle a M & Co), Indenture (Castle a M & Co)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying conclusively 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
Sources: Temporary Notes Indenture (Hillman Companies Inc), Indenture (Hillman Companies Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers either Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers either Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Ply Gem Holdings Inc), Indenture (Ply Gem Holdings Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will of their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, Guarantor will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Stanadyne Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by any of the Issuers or any GuarantorIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with any of the Issuers or any GuarantorIssuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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. Upon request of the Trustee, the Issuer will identify any such Notes known by the Issuer to be so owned in an Officer’s Certificate delivered to the Trustee, upon which the Trustee shall be entitled to conclusively rely.
Appears in 1 contract
Sources: Indenture (VERRA MOBILITY Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any GuarantorGuarantor (other than the Supporting Holders), will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Treasury Notes. In Solely for determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Vrio Corp.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers an Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers an Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers an Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or Issuer, by any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Navajo Transitional Energy Company, LLC)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Virtu Financial, Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer, the Guarantors or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will of their Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will shall be so disregardeddisregarded and the Trustee assumes no liability in relation to any other Notes.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by Parent, the Issuers Company or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Parent, the Issuers Company or any Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Swift Transportation Co)
Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, waiver or consent, Notes owned by any of the Issuers or any GuarantorIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with any of the Issuers or any GuarantorIssuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, Guarantor will be disregarded and considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows has been notified by the Company in writing are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Foresight Energy LP)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers any Issuer or any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Affiliate of any Issuer or any Guarantor, will Guarantor shall be considered as though deemed not to be outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Mobile Storage Group Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or Company, any Guarantor, Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be protected in conclusively relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Everi Holdings Inc.)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any GuarantorIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any GuarantorIssuer, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Subsidiary Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Sources: Indenture (R&b Falcon Corp)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Nortek Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Subsidiary Guarantor, will be considered as 42 though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: First Supplemental Indenture (Comstock Resources Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers any Co-Issuer or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor, will of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee will shall be protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will shall be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consentconsent pursuant to Sections 6.02, 6.04 or 11.02 or otherwise, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Issuers Company or any Guarantor, will shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee will shall be 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 shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Istar Financial Inc)
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers Company or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be protected in relying on any such direction, waiver or consent, only Notes that the a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consentconsent pursuant to the Notes Documents, Notes owned by the Issuers Issuer or any the Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any the Subsidiary Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Trustee will be 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
Sources: Indenture (Cipher Mining Inc.)