Common use of When Securities Disregarded Clause in Contracts

When Securities Disregarded. For purposes of determining whether the Holders of the requisite principal amount of Securities have taken any action under this Indenture, Securities owned by the Company or any Affiliate of 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 5 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive Inc), Indenture (PLBY Group, Inc.)

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When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required aggregate principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company Company, any Note Guarantor or any Affiliate of the Company them 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (Libbey Inc), Indenture (Libbey Inc), Indenture (Libbey Inc)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required aggregate principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company Issuer, any Guarantor or any Affiliate of the Company them 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (Ultra Petroleum Corp), Indenture (ANTERO RESOURCES Corp), Indenture (Antero Resources LLC)

When Securities Disregarded. For purposes of determining whether the Holders of the requisite principal amount of Securities have taken any action under this Indenture, Securities owned by the Company Issuer or any Affiliate of the Company Issuer 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Indenture (Healthpeak OP, LLC), Physicians Realty L.P., Physicians Realty L.P.

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required aggregate principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or any Affiliate of 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 4 contracts

Samples: Subordinated Indenture (Union Bankshares Corp), Eagle Bancorp Inc, BNC Bancorp

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of 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 outstandingdisregarded, except that, for the purpose 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 disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (Riverwood Holding Inc), Supplemental Indenture (Riverwood Holding Inc), Ric Holding Inc

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company Holding, AK Steel or by any Affiliate of the Company Holding 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether a Trust Officer of 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 disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Indenture (Clayton Williams Energy Inc /De), Delta Petroleum Corp/Co, Res Care Inc /Ky/

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company Issuer or by any Affiliate of that the Company Issuer controls 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 waiver, or consent, only Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (Boart Longyear Suisse Sarl), Fourth Supplemental Indenture (Boart Longyear LTD), Indenture (Boart Longyear Australia Pty LTD)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (Ship Finance International LTD), General Maritime Corp/, Wilmar Holdings Inc

When Securities Disregarded. For purposes of In determining whether the ---------------------------- Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of the Company its Affiliates 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination. The Trustee may require an Officer's Certificate listing Securities owned by the Company or any of its Affiliates.

Appears in 1 contract

Samples: Wiser Marketing Co

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether a Trust Officer of 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 disregarded. Subject Also, 104 subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (NCL CORP Ltd.)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required aggregate principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company Issuer, any Guarantor or any Affiliate of the Company them 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject 119 to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Lone Pine Resources Inc.)

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When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether a Trust Officer of the Trustee shall be protected in conclusively relying on any such direction, waiver or consent, only Securities which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Lease Agreement (Clayton Williams Energy Inc /De)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of the Company shall be disregarded and deemed not to be outstanding, except that, that for the purpose 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 that the Trustee actually knows has actual knowledge are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Interstate Bakeries Corp/De/)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or any Affiliate of the Company shall be disregarded and deemed not to be outstanding, except that, that for the purpose 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 that the Trustee actually knows has actual knowledge are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Intercreditor Agreement (Interstate Bakeries Corp/De/)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of the Securities have taken concurred in any action under this Indenturedirection, waiver or consent, the Securities owned by the Company or any Affiliate of the Company thereof 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Subsidiary Pledge Agreement (Mounger Corp)

When Securities Disregarded. For purposes of determining whether the Holders of the requisite principal amount of Securities have taken any action under this Indenture, Securities owned by the Company or any Affiliate of 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (O Reilly Automotive Inc)

When Securities Disregarded. For purposes of In determining whether --------------------------- the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company Holding, AK Steel or by any Affiliate of the Company Holding 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Ak Steel Corp)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or any Affiliate Subsidiary of 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (American Railcar Industries, Inc./De)

When Securities Disregarded. For purposes of In determining whether the Holders of the requisite required principal amount of Securities have taken concurred in any action under this Indenturedirection, waiver or consent, Securities owned by the Company or by any Affiliate of 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 Securities which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Subject Also, subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (General Maritime Corp / MI)

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