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 Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company 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. Also, subject to the foregoing, only Notes Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Asset Transfer Agreement (Rev Holdings Inc)

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When Notes Disregarded. In determining whether the ---------------------- Holders of the required Principal Amount principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company 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 that the Trustee knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes Outstanding outstanding at the time shall be considered in any such determination. Section 12.06.

Appears in 1 contract

Samples: Borr Drilling LTD

When Notes Disregarded. In (a) Subject in each case to the provisions of Section 2.06, when determining whether the ---------------------- Holders of the required Principal Amount aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Affiliate of the Company 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 a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes Outstanding outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Cohn Robbins Holdings Corp.)

When Notes Disregarded. In determining whether the ---------------------- Holders Noteholders of the required Principal Amount principal amount of Notes have concurred in any direction, waiver or consent, Notes 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 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 a Trust Officer of the Trustee knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes Outstanding outstanding at the time shall be considered in any such determination. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture and Security Agreement (Coeur D Alene Mines Corp)

When Notes Disregarded. In determining whether the ---------------------- Holders of the required Principal Amount principal amount of Notes have concurred in any direction, waiver or consent, Notes 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 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 actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes Outstanding outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Iron Age Corp

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When Notes Disregarded. In determining whether the ---------------------- Holders of the required Principal Amount principal amount of Notes have concurred in any direction, waiver or consent, Notes 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 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 that a Trust Officer of the Trustee knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes Outstanding outstanding at the time shall be considered in any such determination.. 63

Appears in 1 contract

Samples: Execution Version Indenture (FedNat Holding Co)

When Notes Disregarded. In determining whether the ---------------------- Holders of the required Principal Amount principal amount of Notes have concurred in any direction, waiver or consent, 77 Notes 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 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 a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject to the foregoing, only Notes Outstanding outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Compass Minerals International Inc)

When Notes Disregarded. (a) In determining whether the ---------------------- Holders of the required Principal Amount principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the Company or by any Person directly or indirectly controlling controlling, or controlled by by, or under direct or indirect common control with the Company shall will 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. Also, subject Subject to the foregoing, only Notes Outstanding outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Altice USA, Inc.)

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