Common use of Treasury Notes Clause in Contracts

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 25 contracts

Sources: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 19 contracts

Sources: Indenture (Huntsman International LLC), Indenture (Huntsman Advanced Materials (UK) LTD), Indenture (Huntsman Petrochemical Finance Co)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 17 contracts

Sources: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 11 contracts

Sources: Indenture (Gillette Dairy of the Black Hills Inc), Indenture (Pentacon Industrial Group Inc), Indenture (Saks Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 9 contracts

Sources: Indenture (XCL LTD), Indenture (Power Ten), Indenture (Town Sports International Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers' Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.

Appears in 9 contracts

Sources: Euro Indenture (MDCP Acquisitions I), Dollar Indenture (MDCP Acquisitions I), Indenture (Versatel Telecom International N V)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 8 contracts

Sources: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 7 contracts

Sources: Indenture (Kinetic Concepts Inc /Tx/), Indenture (Kci New Technologies Inc), Indenture (3003969 Nova Scotia LTD)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any Affiliate of its Affiliates the Company, shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it the Company or any of its Affiliates repurchases or otherwise acquires Notes, of Notes and the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 7 contracts

Sources: Indenture (Playa Hotels & Resorts N.V.), Indenture (Playa Hotels & Resorts B.V.), Indenture (Vail Resorts Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are has been informed in writing by the Company to be so owned shall be so considered. The Company shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 7 contracts

Sources: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may request and the Trustee shall be entitled to rely thereon.

Appears in 6 contracts

Sources: Indenture (National Vision Inc), Indenture (Penhall Co), Indenture (Kimberton Enterprises Inc)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 6 contracts

Sources: Indenture (RCN Corp /De/), Indenture (Spincycle Inc), Indenture (Spincycle Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company any Issuer or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Each Issuer shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 6 contracts

Sources: Indenture (Mediacom Broadband Corp), Indenture (Mediacom Broadband Corp), Indenture (Mediacom Capital Corp)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstandingOutstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 5 contracts

Sources: Indenture (Saks Inc), Indenture (Verio Inc), Indenture (Saks Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Affiliate of its Affiliates the Issuer shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 5 contracts

Sources: Indenture (Williams Scotsman Inc), Indenture (Mobile Field Office Co), Indenture (Southwest Royalties Holdings Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, any Guarantor or any of its their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 4 contracts

Sources: Indenture (Landmark Theatre Corp), Indenture (Neff Corp), Indenture (Aerosol Services Co Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, the Guarantors or any of its their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 4 contracts

Sources: Indenture (Management Solutins Inc/), Indenture (Tokheim Corp), Indenture (Tokheim Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, any Subsidiary Guarantor or any of its their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 3 contracts

Sources: Indenture (Koppers Industries Inc), Indenture (Federal Data Corp /Fa/), Indenture (Tracor Inc /De)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any of its their Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it they or any of its their Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 3 contracts

Sources: Indenture (3055854 Nova Scotia Co), Indenture (NSP Holdings Capital Corp.), Indenture (Norcross Capital Corp)

Treasury Notes. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates Subsidiaries shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates Subsidiaries repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate, which shall be promptly provided, listing Notes owned by the Company or any of its Subsidiaries.

Appears in 3 contracts

Sources: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 3 contracts

Sources: Indenture (Jacobs Entertainment Inc), Indenture (Raceland Truck Plaza & Casino LLC), Indenture (New Pier Operating Co Inc)

Treasury Notes. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company Issuer or any of its Affiliates Subsidiaries shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company Issuer shall notify the Trustee, in writing, when it or any of its Affiliates Subsidiaries repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate, which shall be promptly provided, listing Notes owned by the Issuer or any of its Subsidiaries.

Appears in 3 contracts

Sources: Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises LTD)

Treasury Notes. In determining whether the Holders of the -------------- required principal amount at maturity of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount at maturity of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers' Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.

Appears in 2 contracts

Sources: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or either of them or, to their knowledge, any of its their Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 2 contracts

Sources: Indenture (Magnum Hunter Resources Inc), Indenture (Magnum Hunter Resources Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired. If the Company or any of its Affiliates acquire any Initial Notes or Additional Notes, the Company shall not resell or transfer, and shall cause its Affiliate not to resell or transfer, any such Notes.

Appears in 2 contracts

Sources: Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.

Appears in 2 contracts

Sources: Euro Indenture (JSG Acquisitions I), Dollar Indenture (JSG Acquisitions I)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiveramendment, consent supplement, waiver or noticeconsent, Notes owned by the Company Company, or by any of its Affiliates Affiliate, shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Notes which a Trust Officer that have been identified to the Trustee in writing as owned by the Company or an Affiliate of the Trustee actually knows are so owned Company shall be so considereddisregarded. The Company shall notify the Trustee, Trustee in writing, when it or any of its Affiliates Affiliate repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 2 contracts

Sources: Indenture (Air Rental Supply Inc), Indenture (Pacific Aerospace & Electronics Inc)

Treasury Notes. In determining whether the Holders of the -------------- required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers' Certificate listing Notes owned by the Company, a Subsidiary of the Company or an Affiliate of the Company.

Appears in 2 contracts

Sources: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any an Affiliate of its Affiliates the Issuers shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or they or, to their knowledge, any of its their Affiliates repurchases repurchase or otherwise acquires acquire Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 2 contracts

Sources: Indenture (Canadian Abraxas Petroleum LTD), Indenture (Canadian Abraxas Petroleum LTD)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company Company, the Guarantors or any of its their respective Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it the Company or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 2 contracts

Sources: Indenture (Activant Solutions Inc /De/), Indenture (Cooperative Computing Inc /De/)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired. If the Company or any of its Affiliates acquire any Initial Notes or Additional Notes, the Company will not resell or transfer, and will cause its Affiliate not to resell or transfer, any such Notes.

Appears in 2 contracts

Sources: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any of its their Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 2 contracts

Sources: Indenture (Stonemor Partners Lp), Indenture (Stonemor Partners Lp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver waiver, consent or consentnotice, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it the Company or any of its Affiliates repurchases or otherwise acquires Notes, of Notes and the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 2 contracts

Sources: Indenture (Telehub Communications Corp), Indenture (Synthetic Industries Inc)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 2 contracts

Sources: Indenture (Huntsman CORP), Indenture (Huntsman CORP)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any of its their Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 2 contracts

Sources: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)

Treasury Notes. In determining whether the Holders of the required principal amount at maturity of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount at maturity of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 2 contracts

Sources: Indenture (Universal Compression Holdings Inc), Indenture (Universal Compression Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 1 contract

Sources: Indenture (Standard Commercial Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Company, or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Stuart Entertainment Inc)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining 47 -39- whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 1 contract

Sources: Indenture (Railworks Corp)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Affiliate of its Affiliates the Issuer shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver waiver, consent or consentnotice, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Caprock Communications Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of 41 -41- its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Info Usa)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Aavid Thermal Technologies Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Affiliate of its Affiliates the Issuer shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 1 contract

Sources: Indenture (Pahc Holdings Corp)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred con- curred in any direction, waiver, consent or notice, Notes owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considered. The Upon request of the Trustee, the Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Alestra)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or or, to the Company's knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Cellnet Data Systems Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any an Affiliate of its Affiliates the Issuers shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when it or either of them or, to their knowledge, any of its their Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 1 contract

Sources: Indenture (Abraxas Petroleum Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuer or any an Af- filiate of its Affiliates the Issuer shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuer shall notify the Trustee, in writing, when it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 1 contract

Sources: Indenture (Standard Commercial Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates Subsidiaries shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it or any of its Affiliates Subsidiaries repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers’ Certificate, which shall be promptly provided, listing Notes owned by the Company or any of its Subsidiaries.

Appears in 1 contract

Sources: Indenture (Votorantim Cimentos S.A.)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company any Obligor, or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Ameristar Casinos Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company Issuers or any an Affiliate of its Affiliates the Issuers shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company Issuers shall notify the Trustee, in writing, when either it or or, to its knowledge, any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 1 contract

Sources: Indenture (Phibro Animal Health Corp)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned by the Company or any of its Affiliates shall be so considereddisregarded. The Company shall promptly notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, and of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Nbty Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent consent, notice, appointment or noticedeclaration of an Event of Default, Notes owned by the Company or any of its Affiliates (other than M▇▇▇▇▇ P▇▇▇▇▇▇▇▇) shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (NRG Energy Inc)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquiredacquired and such other information as the Trustee may reasonably request and the Trustee shall be entitled to rely thereon.

Appears in 1 contract

Sources: Indenture (Universal Hospital Services Inc)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate shall be considered as though they are not outstandingout- standing, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Tioxide Americas Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstandingout- standing, except that for the purposes of determining whether the Trustee shall be protected in relying on any such directiondirec- tion, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Collins & Aikman Floor Coverings Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company Issuer or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company Issuer shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, Notes of the aggregate principal amount of such Notes so repurchased or otherwise acquired. The Trustee may require an Officers' Certificate listing Notes owned by the Issuer, a Subsidiary of the Issuer or an Affiliate of the Issuer.

Appears in 1 contract

Sources: Indenture (Avery Berkel Holdings LTD)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent waiver or noticeconsent, Notes owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which that a Trust Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded. The Company shall notify the Trustee, in writing, when it the Company or any of its Affiliates repurchases or otherwise acquires Notes, of Notes and the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Baker J Inc)

Treasury Notes. In determining whether the Holders of the required principal amount Accreted Value of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates an Affiliate shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount Accreted Value of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Alta One Inc.)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver, consent or notice, Notes owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver waiver, consent or consentnotice, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so considered. The Company shall notify the Trustee, in writing, when it or any of its Affiliates repurchases or otherwise acquires Notes, of the aggregate principal amount of such Notes so repurchased or otherwise acquired.

Appears in 1 contract

Sources: Indenture (Panamsat Corp /New/)