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 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 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 that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 12 contracts
Sources: Indenture (PureCycle Technologies, Inc.), Indenture (PureCycle Technologies, Inc.), Indenture (Graftech International LTD)
Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 10 contracts
Sources: Indenture (Community Bank System Inc), Indenture (HSBC Usa Capital Trust Vi), Indenture (Madison Bancshares Group LTD)
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, the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of 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 Securities that a Responsible Officer of which the Trustee actually knows are so owned shall be so disregardedconsidered.
Appears in 8 contracts
Sources: Indenture (Collins & Aikman Products Co), Indenture (Horton D R Inc /De/), Indenture (Horton D R 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 or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though 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 Securities that a Responsible Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 7 contracts
Sources: Indenture (SMART Global Holdings, Inc.), Indenture (Equinix Inc), Indenture (Equinix Inc)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 Securities that which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 6 contracts
Sources: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 6 contracts
Sources: Indenture (Berkley W R Capital Trust), Indenture (Webster Financial Corp), Indenture (Trenwick 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 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 not outstandingoutstanding and shall be disregarded, except that for the purposes of determining whether the Trustee Fiscal Agent shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows Fiscal Agent has actual knowledge are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Fiscal Agency Agreement (Symetra Financial CORP), Fiscal Agency Agreement (White Mountains Insurance Group LTD), Fiscal Agency Agreement (Symetra Financial CORP)
Treasury Securities. In determining whether the Holders Securityholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 Securities that which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any request, demand, authorization, notice, direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, notice, direction, waiver or consent, only Securities that which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 5 contracts
Sources: Indenture (Jakks Pacific Inc), Indenture (Jakks Pacific Inc), Indenture (BGC Partners, Inc.)
Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 5 contracts
Sources: Indenture (First Usa Inc), Indenture (Bancfirst Corp /Ok/), Indenture (Bank of Boston Corp)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 Securities that which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (HMT Technology Corp), Indenture (Komag Inc /De/), Indenture (Coeur D Alene Mines 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, any Guarantor or by an Affiliate of any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of them shall be considered as though not outstandingdisregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of which the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Environmental Procedures Inc), Indenture (Pure Resources Inc), Indenture (Fiber Glass Systems Lp)
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 CompanyParent, any of its Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express Inc), Indenture (Asap Software Express 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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered 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 that which a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 4 contracts
Sources: Indenture (Atlas Air Inc), Indenture (Comforce Corp), Indenture (Atlas Air 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, a Subsidiary or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered 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 that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Barrett Resources Corp), Indenture (Newfield Exploration Co /De/), Indenture (Barrett Resources 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 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 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 that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Clark Usa Inc /De/), Indenture (Western Gas Resources Inc), Indenture (Clark Refining & Marketing 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, Corporation or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the Company, Corporation 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 Securities that a Responsible Officer of which the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset 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, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the 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 Securities that which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Gothic Energy Corp), Indenture (Gothic Energy Corp), Indenture (Gothic Energy 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 CompanyIssuers, any of their Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows or has reason to know are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc), Indenture (Quality Distribution 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, any Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 Securities that a Responsible Officer of which the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Chesapeake Energy Corp), Indenture (Plains Resources Inc), Indenture (Plains Resources 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 CompanyIssuers, any of their Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 Securities that which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Benchmark Electronics Inc), Indenture (Young & Rubicam 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, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate of the 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 Securities that a Responsible Officer of which the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (National Energy Group Inc), Indenture (National Energy 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, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, an Affiliate shall be considered as though 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 Securities that which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (East West Bancorp Capital Trust I), Indenture (Coastal Bancorp Inc)
Treasury Securities. In determining whether the Holders of the required principal amount Principal Amount at Maturity of Securities have concurred in any direction, waiver or consent, Securities owned by either of the CompanyIssuers, any Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered as though 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 Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Frontiervision Holdings Capital Corp), Indenture (Frontiervision Holdings Capital Ii 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 any Affiliate of the Company (whether directly or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with through the Company, Depository) shall be considered 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 2 contracts
Sources: Indenture (Key Energy Group Inc), Indenture (Key Energy 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, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee shall be fully protected in conclusively relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio 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 CompanyIssuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuer, shall will be considered as though 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 Securities that a Responsible Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 2 contracts
Sources: Indenture (Ventas Inc), Indenture (Ventas 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, any Guarantor and Affiliates of the Company or by of any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Guarantor shall be considered as though 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 Securities that a Responsible Officer of the Trustee actually knows or has reason to know are so owned shall be so disregarded.
Appears in 2 contracts
Sources: Indenture (Elsinore Corp), Indenture (Hammond Residential 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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers’ Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Sources: Indenture (Leslies Poolmart Inc)
Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (American Business Financial Services 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, Corporation or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Corporation shall be considered 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 that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, shall be considered 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 that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Centene 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, the Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Company or the Guarantor shall be considered 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 that a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (SFW Holding 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 CompanyCompany or any other obligor, or by any Person person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany 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 Securities that a Responsible Officer of the which such Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Lear Corp /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 or 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 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 that a Responsible Officer of 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 notice, direction, waiver or consent, Securities owned by the Company, any Subsidiary, any other obligor on the Securities or by any Person directly an Affiliate of the Company or indirectly controlling or controlled by or under direct or indirect common control with the Company, such other obligor shall be considered as though not outstandingdisregarded, 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 that a Responsible Officer of which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Sina Corp)
Treasury Securities. In determining whether the Holders Holder of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, an Affiliate shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that with respect to which a Responsible Trust Officer of the Trustee actually knows receives an Officers' Certificate certifying that such Securities are so owned by the Company or an Affiliate shall be so disregarded.
Appears in 1 contract
Sources: Form 8 A
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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Sources: Indenture (Leslies Poolmart Inc)
Treasury Securities. In determining whether the Holders of the required Accreted Value or principal amount amount, as the case may be, of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, Company or by any Person person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Company shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Duane Reade 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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Treasury Securities. In determining whether the Holders ------------------- of the required principal amount number of Securities have concurred in any direction, waiver or consent, Securities owned by the CompanyIssuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyIssuers, shall be considered as though not outstanding, except that for the purposes of determining whether the Trustee Agent shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually Agent 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, any of its Subsidiaries or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its respective Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows or has reason to know 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, Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.
Appears in 1 contract
Sources: Indenture (Netscout Systems 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, any Subsidiary of the Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company, Company shall be considered 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 that which a Responsible Officer of Trustee has been advised in writing by the Trustee actually knows Company or the Holder 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, Company 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 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 that a Responsible Officer of the Trustee actually knows knows, without investigation by the Trustee, 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 by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall will be considered as though 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 Securities that a Responsible Trust Officer of the Trustee actually knows are so owned shall will be so disregarded.
Appears in 1 contract
Sources: Indenture (Rent a Center 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 or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of its Affiliates shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Sources: Indenture (Leslies Poolmart 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, any Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 Securities that a Responsible Officer of the Trustee actually knows knows, without investigation by the Trustee, are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Forman 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, the Subsidiary Guarantors, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, of their respective Affiliates shall be considered 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 that which a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.
Appears in 1 contract
Sources: Indenture (H R Window Supply Inc)
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, Company or any other obligor on the Securities or by any Person directly Affiliate of the Company or indirectly controlling or controlled by or under direct or indirect common control with the Company, of such other obligor shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.in
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, any Guarantor and Affiliates of the Company or by of any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, Guarantor shall be considered as though 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 Securities that a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Urohealth Systems 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 Guarantors or by any Person person directly or indirectly controlling or controlled by or under direct or indirect common control with the CompanyCompany or any Guarantor, as the case may be, shall be considered as though not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Duane Reade 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 CompanyIssuer or any other obligor, or by any Person directly an Affiliate of the Issuer or indirectly controlling or controlled by or under direct or indirect common control with the Companysuch 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 Securities that a Responsible Officer of which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Dan River Inc /Ga/)
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 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 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 that a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Dart Group Corp)