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 or consent, Notes owned by the Company or an Affiliate of 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 14 contracts

Samples: Indenture (NTL Communications Corp), Indenture (NTL Communications Corp), Indenture (Peregrine Systems Inc)

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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 Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that as to which a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.

Appears in 12 contracts

Samples: Form of Indenture (Valimar Home & Land Company, LLC), Supplemental Indenture (Wci Communities Inc), Indenture (Florida Lifestyle Management 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 Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.

Appears in 9 contracts

Samples: Indenture (Orbital Imaging Corp), Indenture (Cinemark Inc), Cinemark Usa Inc /Tx

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 Company or an Affiliate of the Company 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, amendment, supplement, waiver or consent, only Notes that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officer's Certificate listing Notes owned by the Company, a subsidiary of the Company or an Affiliate of the Company.

Appears in 8 contracts

Samples: Tia Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co), Indenture (Neenah Foundry 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 Company Issuers or an any Affiliate of the Company 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered as not outstanding.

Appears in 5 contracts

Samples: Indenture (Majestic Star Casino LLC), Pledge and Security Agreement (Majestic Investor Capital Corp), Indenture (Majestic Investor 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 Company Company, or by an Affiliate of the Company 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 that a Responsible Officer of the Trustee knows are has been informed of by the Company as being so owned shall be so disregarded.

Appears in 4 contracts

Samples: Credit Agreement (Massic Tool Mold & Die Inc), Execution (Massic Tool Mold & Die Inc), Indenture (Houston Exploration 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 Company Company, or an by any Affiliate of the Company 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 that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: MTR Gaming Group Inc, Radiologix Inc, Radiologix Inc

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 Company or an by any Affiliate of 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, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Armstrong World Industries Inc, Armstrong World Industries Inc, Armstrong World Industries 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 Company or an by any Affiliate of the Company shall be considered as though they are deemed not to be 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 that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Supplemental Indenture (Unifi Inc), Registration Rights Agreement (Greenbrier Companies Inc), K&f Industries Inc

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any request, demand, authorization, direction, notice, consent or waiver or consent, Notes owned by the Company or an Affiliate of the Company shall be considered as though they are not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Harrahs Entertainment Inc, Harrahs Entertainment Inc, Harrahs Operating 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 Company Company, a Guarantor, if any, or an any Affiliate of the Company or a Guarantor, if any, 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 that the Trustee which a Trust Officer knows are to be so owned shall be so disregardedconsidered.

Appears in 2 contracts

Samples: Supplemental Indenture (Prime Hospitality Corp), Indenture (Prime Hospitality 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 Company Company, or by an Affiliate of the Company shall Company, will be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded. In addition, for purposes of Section 2.08, only Notes that the Trustee knows to be owned by the Company or a Subsidiary of the Company shall not be deemed to be outstanding.

Appears in 2 contracts

Samples: Paramount Resources LTD, Paramount Resources 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 Company or an Affiliate of 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 that the a Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Collateral Agency and Security Agreement (Imperial Credit Industries Inc), Indenture (Imperial Credit Industries 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 Company, by any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or an Affiliate of the Company any Guarantor, 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 that the a Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Security Agreement (Metal Management Inc), Indenture (Metal Management 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 Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Penton Media Inc), Penton Media 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 Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 notice, direction, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Emcore Corp, Indenture (Emcore Corp)

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 Company Company, any Guarantor or an by any other obligor upon the Notes or by any Affiliate of the Company Company, any Guarantor or any such obligor, 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 notice, direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Aerojet Ordnance Tennessee Inc), Medvest 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 Company or an any Affiliate of 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 that a Responsible Officer of the Trustee knows are to be so owned shall be so disregardedconsidered as not outstanding.

Appears in 2 contracts

Samples: Indenture (Louisiana Casino Cruises Inc), Sports Club Co Inc

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 Company [or an Affiliate of the Company Company] 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, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded. The Trustee may require an Officer's Certificate listing Notes owned by the Company, a subsidiary of the Company or an Affiliate of the Company.

Appears in 2 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co)

Treasury Notes. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or an by any Affiliate of 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 that as to which a Trust Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Hybridon Inc, Heico 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 Company Co-Issuers, or an by any Affiliate of the Company Co-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 that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Dollarama CORP, General Growth Properties Inc

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, including, without limitation, for purposes of Section 9.02, Notes owned by the Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Merrill Corp, Condor Systems Inc

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, including, without limitation, for purposes of Section 9.02 hereof, Notes owned by the Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Nextwave Personal Communications Inc, Nextwave Personal Communications 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 Company or an by any Affiliate of the Company thereof 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 of consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded. The Company agrees to notify the Trustee of the existence of any such treasury Notes or Notes owned by an Affiliate thereof.

Appears in 2 contracts

Samples: Indenture (Commemorative Brands Inc), Loomis Fargo & Co

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 Company Company, or an by any Affiliate of the Company Company, shall not 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, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Senior Indenture (Airgate PCS Inc /De/), Airgate PCS Inc /De/

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 Company Company, or an Affiliate of any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that the a Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Apparel Retailers Inc)

Treasury Notes. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company any Obligor, or an Affiliate of the Company any Obligor, 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 that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (MGC Communications 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 Company ACC or an by any Affiliate of the Company thereof 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 that the Trustee a Responsible Officer knows are to be so owned shall be so disregardedconsidered.

Appears in 1 contract

Samples: Allbritton Communications 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 Company or an Affiliate of 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 that the Trustee which a Responsible Officer knows are to be so owned shall be so disregardedconsidered.

Appears in 1 contract

Samples: Indenture (Huntsman Polymers 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 Company Company, or by an Affiliate of the Company shall Company, will be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.

Appears in 1 contract

Samples: Compton Petroleum 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 Company Corporation or an Affiliate of the Company shall be considered as though they are not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only . Only Notes that which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Energy West 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 Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that the a Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Axiohm Transaction 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 Company, Holdings or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or an Affiliate of the Company Holdings, 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 that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Desa 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 Company Company, a Guarantor or an by any Affiliate of the Company thereof 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 that the Trustee a Responsible Officer actually knows are to be so owned shall be so disregardedconsidered.

Appears in 1 contract

Samples: Caraustar Industries 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 Company Company, any Subsidiary Guarantor or an any Affiliate of the Company or any Subsidiary Guarantor, 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Hydrochem International 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 Company Company, or by an Affiliate of the Company 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 that a Trustee has been informed of by the Trustee knows are Company as being so owned shall be so disregarded.

Appears in 1 contract

Samples: KSL Recreation 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 Company Company, the Subsidiary Guarantors, or an Affiliate any of the Company 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 that which a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.

Appears in 1 contract

Samples: American Architectural Products Corp

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver waiver, consent or consentnotice, Notes owned by the Company an Issuer or an Affiliate any one of the Company 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 that which a Trust Officer of the Trustee actually knows are so owned shall be so disregardedconsidered.

Appears in 1 contract

Samples: Tia Indenture (Cherokee International Finance 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 Company or an Affiliate of any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Alaris Medical Systems 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 Company or an any Affiliate of the Company 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 that the a Trustee knows are to be so owned shall be so disregardedconsidered as not outstanding.

Appears in 1 contract

Samples: Archibald Candy Corp

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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 Company or an any Affiliate of the Company (other than Notes owned by any Initial Holders or their Affiliates, which shall be considered outstanding for such purposes) 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered as not outstanding.

Appears in 1 contract

Samples: Indenture (Archibald Candy 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 Company Corporation or an Affiliate of the Company shall be considered as though they are not outstandingdisregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only . Only Notes that the Trustee which a Trust Officer actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Delta Natural Gas Co 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 Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 notice, direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Cubist Pharmaceuticals 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 Company or an Affiliate of any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Salton Maxim Housewares 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 Company Company, the Subsidiary Guarantors, or an Affiliate any of the Company their respective Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Notes Trustee shall be protected in relying on any such direction, waiver or consent, only Notes that which a Responsible Officer of the Notes Trustee knows has actual knowledge are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Bluegreen 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 Company Company, or an by any Affiliate of the Company 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 that for which the Trustee knows are so owned has received an Officers' Certificate from the Company or an Affiliate of the Company evidencing such ownership shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Tu Guo Shen)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, notice, waiver or consent, Notes owned by the Company or an Affiliate of 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, notice, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned shall be so disregardedconsidered.

Appears in 1 contract

Samples: Supplemental Indenture (PPC Publishing 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 Company or an Affiliate of 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Bridge Loan Agreement (NTL Inc /De/)

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 Company Company, any Subsidiary or an Affiliate of 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 that which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Trust Indenture (Kinney Drugs Inc)

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 Company or an Affiliate Affiliates of the Company 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, amendment, supplement, waiver or consent, only Notes that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Astor 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 Company Company, or an by any Affiliate of 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 that as to which a Trust Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Lomak Petroleum 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 Company or an Affiliate of 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 that the Trustee knows are so owned shall be so disregarded. Notwithstanding Section 316(a) of the TIA, Notes held by Affiliates of the Company shall not be so disregarded.

Appears in 1 contract

Samples: Indenture (Golden Northwest Aluminum Holding 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 Company or an by any Affiliate of the Company thereof 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 of consent, only Notes that a Responsible Officer of the Trustee knows are so owned shall be so disregarded. The Company agrees to notify the Trustee of the existence of any such treasury Notes or Notes owned by an Affiliate thereof. SECTION 2.10.

Appears in 1 contract

Samples: Keystone Consolidated Industries Inc

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, and for purposes of Section 3.07(a), Notes owned by the Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall Company, will be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Notes that the Trustee knows are so owned shall will be so disregarded.

Appears in 1 contract

Samples: Agreement (National Coal 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 Company Holdings, or an by any Affiliate of the Company Holdings 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 that the Trustee knows are so owned shall be so disregarded.of

Appears in 1 contract

Samples: Ap Holdings Inc

Treasury Notes. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or an any Affiliate of 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 that the Trustee actually knows are to be so owned shall be so disregardedconsidered. SECTION 2.10.

Appears in 1 contract

Samples: Indenture (Trenwick 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 Company or an Affiliate of any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Guarantor, 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 that the a Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Supplemental Indenture (Dyersburg 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 Company Company, any of the Subsidiary Guarantors or an any Affiliate of the Company or any of the Subsidiary Guarantors, 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 that the Trustee knows are so owned shall be so disregarded.protected

Appears in 1 contract

Samples: Parker Drilling Co /De/

Treasury Notes. In determining whether the Holders Noteholders of the required principal amount Outstanding Principal Amount of the Notes have concurred in any direction, waiver or consent, Notes owned held or redeemed by the Company or any other obligor upon the Notes or held by an Affiliate of the Company or such other obligor 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 that which a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Epic Master Funding (Resort Investment LLC)

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 Company Company, or an by any Affiliate of the Company 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 that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Cinemark Inc)

Treasury Notes. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes or any fraction owned by the Company Company, any Guarantor or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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 that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Rayovac 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 Company, by any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or an Affiliate of the Company any Guarantor, 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 that the a Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Northland Cable Television 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 Company or an Affiliate of 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Polyone 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 Company Company, or an Affiliate of by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company Company, shall be considered as though they are not outstanding, 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 that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Dollar Financial (Check Mart of New Mexico 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 Company or an Affiliate of any Guaranteeing Subsidiary or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 that which the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Graham Field Health Products Inc

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