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 that the Trustee knows are so owned shall be disregarded.
Appears in 15 contracts
Sources: Indenture (Halter Marine Group Inc), Indenture (Smartalk Teleservices Inc), Indenture (Parker Drilling Co /De/)
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, 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 the Trustee knows are so owned shall be disregarded.
Appears in 10 contracts
Sources: Indenture (Price Communications Corp), Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co 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 any of the Company its Affiliates shall be disregarded, except that, that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 9 contracts
Sources: Indenture (Southern Natural Gas Co), Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Transcontinental Gas Pipe Line Corp)
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 Company, any of its Subsidiaries or an Affiliate any of the Company their respective Affiliates 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 7 contracts
Sources: Indenture (Building One Services Corp), Indenture (Encompass Services Corp), Indenture (Building One Services Corp)
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 Issuer or an Affiliate any of the Company its Affiliates 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 that a Responsible Officer of the Trustee actually knows are so owned shall be disregarded.
Appears in 7 contracts
Sources: Indenture (Global Crossing Uk Telecommunications LTD), Indenture (Warner Music Group Corp.), Indenture (Warner Alliance Music 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 any of the Company its Affiliates 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 7 contracts
Sources: Indenture (Unifi Communications Inc), Indenture (Cai Wireless Systems Inc), Indenture (Metals 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 any of the Company its Affiliates 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 that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.
Appears in 6 contracts
Sources: Indenture (Hermes Europe Railtel B V), Indenture (Global Telesystems Group Inc), Indenture (Global Telesystems Europe B V)
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 Company, any Guarantor and Affiliates of the Company Company, or of any Guarantor 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 5 contracts
Sources: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any request, demand, authorization, notice, direction, amendment, supplement, 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 request, demand, authorization, notice, direction, amendment, supplement, waiver or consent, only Securities that which a 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 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 that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.
Appears in 5 contracts
Sources: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al), Indenture (Mueller 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 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 that for which the Trustee knows has received an Officers' Certificate stating that such Securities are so owned shall be so disregarded.
Appears in 4 contracts
Sources: Indenture (Wisconsin Gas Co), Indenture (Wisconsin Power & Light Co), Indenture (Wisconsin Electric Power Co)
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 Parent, any of its Subsidiaries or an Affiliate any of the Company their respective Affiliates 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 that a Responsible Officer of the Trustee actually knows are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Issuers, any Guarantor and Affiliates of the Company Issuers or of any Guarantor 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 that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.
Appears in 4 contracts
Sources: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Sun International North America 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 Issuers or an Affiliate Affiliates of either of the Company Issuers 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 that a Trust Officer of the Trustee knows are so owned shall be disregarded.
Appears in 4 contracts
Sources: Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC)
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 Company, any Guarantor or an Affiliate of the Company any of them shall be disregarded, except that, that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that which the Trustee 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 the Securities have concurred in any request, demand, authorization, direction, amendmentnotice, supplement, consent or waiver or consent, the 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 request, demand, authorization, direction, amendmentnotice, supplement, consent or waiver or consent, only Securities that the Trustee knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)
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 any of the Company its Affiliates 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 that the Trustee knows has received notice are so owned shall be disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.
Appears in 3 contracts
Sources: Indenture (Autotote Corp), Indenture (Scientific Games Corp), Indenture (Autotote Corp)
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 any of the Company its Affiliates shall be disregarded, except that, that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (BMCA Quakertown Inc.), Indenture (Building Materials Corp of America), Indenture (Building Materials Corp of America)
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, 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 which the Trustee actually knows are so owned shall be so disregarded.
Appears in 3 contracts
Sources: Indenture (Cable Design Technologies Corp), Indenture (Alpharma Inc), Indenture (Alpharma 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 Company, the Subsidiaries or an Affiliate any of the Company their respective Affiliates 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 3 contracts
Sources: Indenture (Unifrax Investment Corp), Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries 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 Company, any Guarantor and Affiliates of the Company or of any Guarantor 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 that the Trustee knows or has reason to know are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company Issuers, any of their Subsidiaries or an Affiliate any of the Company its respective Affiliates 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 that a Responsible Officer of the Trustee actually knows are so owned shall be disregarded.
Appears in 2 contracts
Sources: 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, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates 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 that a Responsible Officer of the Trustee actually knows are so owned shall be disregarded.
Appears in 2 contracts
Sources: Indenture (HPSC Inc), Indenture (HPSC 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 Issuer or an Affiliate Affiliates of the Company Issuer 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 that the Trustee knows are so owned shall be disregarded.
Appears in 2 contracts
Sources: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De)
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 Issuers, any Guarantor or an Affiliate any other obligor on the Securities and Affiliates of the Company Issuers, 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 2 contracts
Sources: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii 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, 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 which a 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 of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuers or an Affiliate Affiliates of the Company Issuers 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 that the Trustee knows are so owned shall be disregarded.
Appears in 2 contracts
Sources: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De)
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 and its Affiliates 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 2 contracts
Sources: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
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 Issuer, any Guarantor and Affiliates of the Company Issuer or of any Guarantor 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 that a Trust Officer of the Trustee actually knows are so owned shall be disregarded.
Appears in 2 contracts
Sources: Indenture (Kerzner International Employment Services LTD), Indenture (LSB 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 and Affiliates of the Company shall be disregarded, except that, for the purposes of determining whether the Trustee shall be protected in relying on any such usch direction, amendment, supplement, waiver or consent, only Securities that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 1 contract
Sources: Indenture (Us Foodservice/Md/)
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 Company, the Guarantor and Affiliates of the Company or of the Guarantor 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 that the Trustee knows or has reason to know are so owned shall be 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 Company, any Guarantor and Affiliates of the Company or of any Guarantor 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 that a Trust Officer of the Trustee actually knows are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate any of the Company its Affiliates 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 that the Trustee knows has received notice are so owned shall be disregarded. The Trustee may require an Officers’ Certificate of the Company listing Securities owned by the Company or its Affiliates.
Appears in 1 contract
Sources: Indenture (Scientific Games Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of any series have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Company, the Guarantor or an Affiliate any of the Company their respective Affiliates shall be disregarded, except that, that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that which the Trustee actually knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Devon Energy Corp/De)
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 Company, any Guarantor and Affiliates of the Company Company, or of any Guarantor 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 1 contract
Sources: Indenture (Jazz Casino Co LLC)
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 42 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 that the Trustee knows are so owned shall be disregarded.
Appears in 1 contract
Sources: Indenture (Doe Run Resources Corp)
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, that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that which the Indenture 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, amendment, supplement, waiver or consent, Securities owned by the Company Company, the 47 -39- Subsidiaries or an Affiliate any of the Company their respective Affiliates 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 that the Trustee knows or has reason to know are so owned shall be disregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of any series have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Company, the Guarantor or an Affiliate of the Company any of them shall be disregarded, except that, that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that which the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Anadarko Petroleum Corp)
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 Company, any Guarantor and Affiliates of the Company or of any Guarantor 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 that the Trustee knows are so owned shall be disregarded.,
Appears in 1 contract
Sources: Indenture (Employee Solutions 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, 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 for which the Trustee knows has received an Officers’ Certificate stating that such Securities are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Wisconsin Gas Co)
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 any of the Company its Affiliates 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 that a Responsible Officer of the Trustee actually knows are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates 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 that the Trustee knows are so owned shall be disregarded.determining
Appears in 1 contract
Sources: Indenture (Ekco Group Inc /De/)
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 and Affiliates 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 that the Trustee actually knows are so owned shall be disregarded.
Appears in 1 contract
Sources: Indenture (Jefferies Group 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 that a Trust officer having direct responsibility for the Trustee administration of this Indenture knows are so owned shall be 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 consentconsent required or permitted to be given to the Fiscal Agent under this Agreement, Securities owned by the Company or an Affiliate any subsidiary or affiliate of the Company shall be disregarded, except that, that for the purposes of determining whether the Trustee Fiscal Agent shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities that which the Trustee knows are Company declares in writing to the Fiscal Agent as being so owned shall be so disregarded.
Appears in 1 contract
Sources: Fiscal Agency Agreement (Principal Financial Group Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate any of the Company its Affiliates shall be disregarded, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, amendment, supplement, waiver or consent, only Securities that the Trustee knows are so owned shall be disregarded.Securities
Appears in 1 contract
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, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate of any person directly or indirectly controlling or controlled by or under direct or indirect common control with 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 that the Trustee knows are so owned shall be 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, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate any of the Company its Affiliates shall be disregarded, except that, that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplementdirec- tion, waiver or consent, only Securities that 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, amendment, supplement, waiver or consent, Securities owned by the Company Company, any Subsidiary, any other obligor on the Securities or an Affiliate of the Company or such other obligor shall be disregarded, except that, that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, amendment, supplement, waiver or consent, only Securities that which the Trustee knows are so owned shall be so disregarded.
Appears in 1 contract
Sources: Indenture (Sina Corp)