Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent or notice, Securities owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considered.
Appears in 10 contracts
Sources: Indenture (Collins & Aikman Products Co), Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)
Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so considered.
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, consent or notice, Securities owned by the Company or any of its Affiliates Subsidiaries 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 which the Trustee actually knows are so owned shall be so considered.
Appears in 9 contracts
Sources: Indenture (Key Production Co Inc), Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent or notice, Securities owned by the Company Company, the Guarantors or any of its 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 which the Trustee actually knows are so owned shall be so considered.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or by any of its Affiliates shall Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, will be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee actually knows are so owned shall will be so considereddisregarded.
Appears in 7 contracts
Sources: Indenture (SMART Global Holdings, Inc.), Indenture (Equinix Inc), Indenture (Equinix Inc)
Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee actually knows are to be so owned shall be so considered.
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 Noteholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually a Trust Officer knows are so owned shall be so considereddisregarded.
Appears in 6 contracts
Sources: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Treasury Securities. In determining whether the Holders Securityholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually a Trust Officer knows are so owned shall be so considereddisregarded.
Appears in 5 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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the that a Trustee actually knows are to be so owned shall be so considered.
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 of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company Company, or any of its 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 which the Trustee actually a Responsible Officer knows are to be so owned shall be so considered.
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 of a Series any series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any of its Affiliates 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 which the Trustee actually knows are so owned shall be so considered.
Appears in 4 contracts
Sources: Indenture (Advanced Micro Devices Inc), Indenture (Thiokol Corp /De/), Indenture (Owens Illinois Group Inc)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company, a Subsidiary or by any Affiliate of the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee actually knows are so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent or notice, Securities owned by the Company Issuer, the Guarantors or any of its 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 which the Trustee actually knows are so owned shall be so considered.
Appears in 3 contracts
Sources: Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company, any Guarantor or an Affiliate of the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company Company, or by any of its Affiliates Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the that a Trustee actually knows are so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company Corporation or any an Affiliate of its Affiliates the 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 which the Trustee actually knows are so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company, any Subsidiary Guarantor or an Affiliate of the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considereddisregarded.
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 securities of a Series any series have concurred in any direction, waiverwaiver or consent, consent or notice, Securities securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee trustee shall be protected in relying on any such direction, waiver or consent, only Securities securities which the Trustee such trustee actually knows are so owned shall be so considereddisregarded.
Appears in 2 contracts
Sources: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any Affiliate of its Affiliates the Company (whether directly or by or through the Depository) 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 which the Trustee actually that a Responsible Officer knows are to be so owned shall be so considered.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company, any Guarantor or an Affiliate of the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considereddisregarded.
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 of a Series any series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any of its Affiliates 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 which a Trust Officer of the Trustee actually knows are so owned shall be so considered.
Appears in 2 contracts
Sources: Indenture (Advanced Micro Devices Inc), Indenture (Advanced Micro Devices Inc)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company, any Subsidiary Guarantor or an Affiliate of the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considered.,
Appears in 2 contracts
Sources: Indenture (Chesapeake Gas Development Corp), Indenture (Chesapeake Gas Development Corp)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded.
Appears in 2 contracts
Sources: Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are 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 which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent or notice, Securities owned by the Company Company, the Guarantor or any of its 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 which the Trustee actually knows are so owned shall be so considered.
Appears in 2 contracts
Sources: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent or notice, Securities owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so considered.
Appears in 2 contracts
Sources: Indenture (RXO, Inc.), Indenture (Affirm Holdings, Inc.)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee a Trust Officer actually knows are so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded. 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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company Company, or by any Affiliate of its Affiliates the Company, shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so considereddisregarded.
Appears in 1 contract
Sources: Indenture (Centene Corp)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or by any of its Affiliates Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows knows, without investigation by the Trustee, are so owned shall be so considereddisregarded.
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, consent waiver or noticeconsent, Securities owned by the Company Company, the Subsidiary Guarantors, or any of its 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 which the Trustee actually a Responsible Officer knows are to be so owned shall be so considered.
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 of a either Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company Company, or by any Affiliate of its Affiliates the Company, shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which of such Series that the Trustee actually knows are so owned shall be so considereddisregarded.
Appears in 1 contract
Sources: Indenture (Danaher Corp /De/)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any notice, direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any other obligor on the Securities or by any Affiliate of its Affiliates the Company or of such other obligor shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considered.in
Appears in 1 contract
Treasury Securities. In determining whether the Holders ------------------- Noteholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considereddisregarded.
Appears in 1 contract
Sources: Indenture (NTL Inc /De/)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee a Responsible Officer actually knows are so owned shall be so considereddisregarded.
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, consent waiver or noticeconsent, Securities owned by the Company or by any of its Affiliates Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considereddisregarded.
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, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so considereddisregarded.
Appears in 1 contract
Sources: Indenture (Synetic Inc)
Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any an Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so consideredconsidered as not outstanding.
Appears in 1 contract
Sources: Indenture (Swift Energy Co)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company Company, or by any of its Affiliates shall Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, will be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall will be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee actually knows are so owned shall be so considereddisregarded. 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 number of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee actually knows are so owned shall be so considereddisregarded.
Appears in 1 contract
Sources: Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.)
Treasury Securities. In determining whether the Holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any of its Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded. 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 of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company, any Subsidiary of the Company or by any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trustee has been advised in writing by the Trustee actually knows Company or the Holder are so owned shall be so considereddisregarded.
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, consent waiver or noticeconsent, 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 or any of its Affiliates shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so considereddisregarded.
Appears in 1 contract
Sources: Indenture (Dart Group Corp)
Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any Affiliate of its Affiliates the Company shall be considered as though they are not outstanding, except that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so considereddisregarded.
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 of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company Corporation or any Affiliate of its Affiliates the 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 which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so considered.
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, consent waiver or noticeconsent, Securities owned by the Company Company, any of its Subsidiaries or any of its respective Affiliates shall be considered as though they are not outstandingdisregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows or has reason to know are so owned shall be so considereddisregarded.
Appears in 1 contract
Treasury Securities. In determining whether the Holders Holder of the required principal amount of Securities of a Series have concurred in any direction, waiver, consent waiver or noticeconsent, Securities owned by the Company or any of its Affiliates 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 with respect to which a 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 considereddisregarded.
Appears in 1 contract
Sources: Form 8 A