Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series 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 (an “Affiliate”) shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.

Appears in 12 contracts

Samples: Reliance Steel (Reliance Steel & Aluminum Co), Indenture (Southwest Gas Corp), Indenture (Ralph Lauren Corp)

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

Appears in 3 contracts

Samples: Supplemental Indenture (Mallinckrodt PLC), Supplemental Indenture (Mallinckrodt PLC), Supplemental Indenture (Mallinckrodt PLC)

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

Appears in 3 contracts

Samples: Supplemental Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC), Exchange Agreement (Mallinckrodt PLC)

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

Appears in 2 contracts

Samples: Acuity Brands (Acuity Brands Lighting, Inc.), Indenture (Acuity Brands Inc)

When Notes Disregarded. In determining whether the Holders holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series owned by the Company 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 (an “Affiliate”) or 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 conclusively relying on any such direction, waiver or consent, only Notes of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Joinder Agreement (Caesars Entertainment, Inc.), Joinder Agreement (Caesars Entertainment, Inc.)

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When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes of a series have concurred in any direction, waiver or consent, Notes of such series 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 (an “Affiliate”) shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes of such series which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Southwest Gas Corp

When Notes Disregarded. In determining whether the Holders of the required principal amount of Notes of a any series have concurred in any direction, waiver or consent, Notes of such series 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 (an “Affiliate”) shall be disregarded and deemed not to be outstandingOutstanding, except that, for the purpose of determining whether the Series Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Notes of such series which that a Trust Responsible Officer of the Series Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes of such series outstanding Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Third Supplemental Indenture (Valspar Corp)

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

Appears in 1 contract

Samples: Avery Dennison Corporation

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