Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers, any Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Note Guarantor shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 11 contracts

Sources: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

When Notes Disregarded. In (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuers, any Note Guarantor Issuer or by any Person directly or indirectly controlling controlling, or controlled by by, or under direct or indirect common control with the Issuers or any Note Guarantor shall Issuer will be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 11 contracts

Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuersIssuer, any Note the Parent Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Note the Parent Guarantor shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 6 contracts

Sources: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp), Indenture (Harrahs Entertainment Inc)

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers, any Note Guarantor the Subsidiary Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Note Guarantor the Subsidiary Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows has received written notice thereof are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Sources: Indenture (EP Energy Corp), Indenture (EP Energy Corp), Indenture (EP Energy Corp)

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuersCompany, OI Inc., any Note Guarantor of the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company, OI Inc. or any Note Guarantor of the Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Sources: Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc)

When Notes Disregarded. In (a) Except as otherwise provided under Section 3.07 and 4.03, in determining whether the Holders of the required principal amount of the Notes or a series of Notes, as applicable, have concurred in any direction, waiver or consent, any such Notes or series of Notes, as applicable, owned by the Issuers, any Note Guarantor Issuer or by any Person directly or indirectly controlling controlling, or controlled by by, or under direct or indirect common control with the Issuers or any Note Guarantor shall Issuer will be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuersIssuer, any Note Subsidiary Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Note Subsidiary Guarantor shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Sources: Purchase Agreement (GeoEye, Inc.), Indenture (GeoEye, Inc.), Indenture (GeoEye, Inc.)

When Notes Disregarded. In (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes or a series of Notes, as applicable, have concurred in any direction, waiver or consent, any such Notes or series of Notes, as applicable, owned by the Issuers, any Note Guarantor Issuer or by any Person directly or indirectly controlling controlling, or controlled by by, or under direct or indirect common control with the Issuers or any Note Guarantor shall Issuer will be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes or any series thereof have concurred in any direction, waiver or consent, Notes owned by the Issuers, any Note Guarantor the Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Note Guarantor the Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Sources: Indenture (Mallinckrodt PLC)

When Notes Disregarded. In determining whether the Holders of the required aggregate principal amount outstanding of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuersIssuer, any Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Note Guarantor or any Notes held in the Disputed Claims Reserve (as defined in the Plan), shall be disregarded and deemed not to be outstandingOutstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Sources: Indenture (Capmark Affordable Properties LLC)

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuersCompany, any Note Guarantor the Issuer, the other Guarantors or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Company, the Issuer or any Note Guarantor the other Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Sources: Amended and Restated Indenture (Cott Corp /Cn/)

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuersIssuer, any Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Note Guarantor shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Sources: Indenture (Harrahs Entertainment Inc)

When Notes Disregarded. In (a) Except as otherwise provided under Section 3.08 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the Issuers, any Note Guarantor Issuer or by any Person directly or indirectly controlling controlling, or controlled by by, or under direct or indirect common control with the Issuers or any Note Guarantor shall Issuer will be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Sources: Indenture (Altice USA, Inc.)