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)
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
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
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
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
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
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
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
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
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
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
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
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