Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 30 contracts
Sources: Indenture (1st FRANKLIN FINANCIAL CORP), Indenture (Rockdale Resources Corp), Indenture (First Franklin Financial Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though 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 Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 23 contracts
Sources: Indenture (Navigators Group Inc), Senior Subordinated Indenture (Kulicke & Soffa Industries Inc), Subordinated Indenture (Kulicke & Soffa Industries Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, 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 Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 16 contracts
Sources: Indenture (Doskocil Manufacturing Co Inc), Indenture (Wichita Manufacturing Inc), Indenture (Sun Healthcare Group Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though 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 Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.
Appears in 14 contracts
Sources: Indenture (Aspirity Holdings LLC), Indenture (Multiband Corp), Indenture (Twin Cities Power Holdings, LLC)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though 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 Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 9 contracts
Sources: Indenture (Western Digital Corp), Indenture (Western Digital Technologies Inc), Indenture (Graftech International LTD)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, 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 Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 7 contracts
Sources: Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Community Distributors Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though not outstanding except that, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (GWG Holdings, Inc.), Indenture (GWG Life, LLC), Indenture (GWG Life, LLC)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Doe Run Resources Corp), Indenture (Industrial Fuels Minerals Co), Indenture (Doe Run Peru Sr Ltda)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuer, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows has Actual Knowledge are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Aventine Renewable Energy Holdings Inc), Indenture (Verasun Energy Corp), Indenture (Aventine Renewable Energy Holdings Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Subsidiary Guarantors, or an Affiliate any of their respective Affiliates shall be disregardedconsidered as though 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 Securities which a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Mentus Media Corp), Indenture (Mediaamerica Inc), Indenture (Resort Investment LLC)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Pacer Express Inc), Indenture (Quality Distribution Inc), Indenture (MTL Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate its Affiliates shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Citadel Broadcasting Corp), Indenture (Citadel Broadcasting Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an by any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the a Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (World Color Press Inc /De/), Indenture (World Color Press Inc /De/)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Guarantors, or an Affiliate any of their respective Affiliates shall be disregardedconsidered as though 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 Securities which the Trustee a Responsible Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 2 contracts
Sources: Indenture (Spinnaker Industries Inc), Indenture (National Tobacco Co Lp)
Treasury Securities. In determining whether the Holders of the required principal amount at maturity of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuer, any of its Subsidiaries or an Affiliate any of its respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Salt Holdings Corp), Indenture (Salt Holdings Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Note Agreement (Casual Male Retail Group Inc), Note Agreement (Designs Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregardedconsidered as though 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 Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Supplemental Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company an Issuer, a Subsidiary Guarantor, or an Affiliate any of their respective Affiliates shall be disregardedconsidered as though 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 Securities which the Trustee a Responsible Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 2 contracts
Sources: Appreciation Note Indenture (Central Michigan Distribution Co Lp), Indenture (Central Michigan Distribution Co Lp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though 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 Securities which the Trustee that a Trust Officer knows are to be so owned shall be so disregardedconsidered.
Appears in 1 contract
Sources: Indenture (Ultimate Electronics Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Subsidiary Guarantor or an Affiliate of the Company shall be disregardedconsidered as though they are not outstanding, except that for the Dail▇▇ ▇▇▇ernational Inc.: Indenture -26- Execution Copy 33 purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Dailey International Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregardedconsidered as though 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 Securities which the corporate trust officer having responsibility for the administration of this Indenture on behalf of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required principal Principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any other obligor upon the Securities or an Affiliate shall be disregardedconsidered as though 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 Securities which a Trust Officer of the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Computer Sciences Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuers, any of their Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (RPP Capital Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an by any Affiliate of the Company shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or or, consent, only Securities which the a Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though 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 Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Hard Rock Hotel Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Guarantor or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee knows are so owned shall be so disregarded.,
Appears in 1 contract
Sources: Indenture (Michael Petroleum Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows has actual knowledge are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Avado Brands Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, the Guarantor, or any Affiliate of the Company or an any Affiliate of the Guarantor shall be disregardeddeemed 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 Securities which the Trustee that a Responsible Officer knows are to be so owned shall be so disregardeddeemed to be excluded for purposes of such determination.
Appears in 1 contract
Sources: Credit Agreement (Chattem Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of any series have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though 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 Securities which that the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Asia Global Crossing LTD)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any waiver, consent, or direction, waiver or consent, Securities owned by the Company or an Affiliate shall will be disregarded, except that only Securities that the Company knows are so owned will be disregarded for the purposes of determining whether the Trustee shall be Company is protected in relying on any such directionwaiver, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregardedor direction of Securityholders.
Appears in 1 contract
Sources: Indenture (Cimetrix Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Subordinated Debenture Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trust Officer of the Subordinated Debenture Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Vegeterian Times Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Trust Officer the Trustee actually knows or has reason to know are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Color Spot Nurseries Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Subsidiary Guarantor or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, 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 Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver waiver, consent or consentnotice, Securities owned by the Company Company, the Subsidiary Guarantors or an Affiliate any of their respective Affiliates shall be disregardedconsidered 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 Securities which the Trustee actually knows are so owned shall be so disregardedconsidered.
Appears in 1 contract
Sources: Indenture (Beazer Homes Usa Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, 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 Securities which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required aggregate principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though 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 Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Hard Rock Hotel Inc)