Common use of Treasury Units Clause in Contracts

Treasury Units. In determining whether the Unitholders of the required principal amount of Units have concurred in any direction, waiver or consent, Units owned by either Issuer, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers, will be considered as though not outstanding, except that for the purposes of determining whether the Unit Agent will be protected in relying on any such direction, waiver or consent, only Units that a Responsible Officer of the Unit Agent actually knows are so owned will be so disregarded.

Appears in 3 contracts

Samples: 2022 Notes Unit Agreement (Dynegy Inc.), 2024 Notes Unit Agreement (Dynegy Inc.), 2019 Notes Unit Agreement (Dynegy Inc.)

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Treasury Units. In determining whether the Unitholders Holders of the required principal amount of Units have concurred in any direction, waiver or consent, Units owned by either Issuerthe Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuersan Issuer or any Guarantor, will be considered as though not outstanding, except that for the purposes of determining whether the Unit Agent Trustee will be protected in relying on any such direction, waiver or consent, only Units that a Responsible Officer of the Unit Agent Trustee actually knows are so owned will be so disregarded.

Appears in 1 contract

Samples: Indenture (Niska Gas Storage Partners LLC)

Treasury Units. In determining whether the Unitholders Holders of the required principal amount of Units have concurred in any direction, waiver or consent, Units owned by either IssuerHoldings, the Company, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Holdings or the IssuersCompany, will shall be considered as though not outstanding, except that for the purposes of determining whether the Unit Agent will shall be protected in relying on any such direction, waiver or consent, only Units that a Responsible Officer of the Unit Agent actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Unit Agreement (Amsc Acquisition Co Inc)

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Treasury Units. In determining whether the Unitholders Holders of the required principal amount of Units have concurred in any direction, waiver or consent, Units owned by either Issuerthe Issuers, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers, will shall be considered as though not outstanding, except that for the purposes of determining whether the Unit Agent will shall be protected in relying on any such direction, waiver or consent, only Units that a Responsible Officer of the Unit Agent actually knows are so owned will shall be so disregarded.

Appears in 1 contract

Samples: Unit Agreement (Osullivan Industries Virginia Inc)

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