Common use of When Securities Disregarded Clause in Contracts

When Securities Disregarded. Notwithstanding anything to the contrary in the Indenture, each of Section 315(d)(3) and Section 316(a)(1) of the Trust Indenture Act is hereby expressly excluded from the Indenture for all purposes. In determining whether the Holders of the required principal amount of Outstanding Notes have concurred in any direction, waiver, consent, approval or other action of Holders, Notes owned by the Issuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Guarantor shall be disregarded, except that (a) Notes owned by Specified Holders shall not be so disregarded and (b) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent, approval or other action of Holders, only Notes that the Trustee knows are so owned shall be so disregarded. Notes so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Notes and that the pledgee is either (i) not the Issuer, any Guarantor or any Person directly or indirectly controlled by the Issuer or any Guarantor or (ii) a Specified Holder. Also, subject to the foregoing, only Notes Outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in the Indenturethis Indenture or any other Note Document, each of Section 315(d)(3) and Section 316(a)(1316(a) of the Trust Indenture Act TIA (including the last sentence thereof) is hereby expressly excluded from this Indenture and the Indenture other Note Documents for all purposes. In determining whether the Holders of the required principal amount of Outstanding Notes Securities have concurred in any direction, waiver, consent, consent or approval or other action of Holders, Notes Securities owned by the IssuerCompany, the REIT, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer Company, the REIT or any Guarantor shall be disregardeddisregarded and deemed not to be outstanding, except that (ai) Notes Securities owned by Specified Holders shall not be so disregarded and (bii) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent, consent approval or other action of Holders, only Notes that Securities which the Trustee knows are so owned shall be so disregarded. Notes Securities so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Notes Securities and that the pledgee is either (i) not the IssuerCompany, the REIT, any Guarantor or any Person directly or indirectly controlled by other Subsidiary of the Issuer or any Guarantor or (ii) a Specified HolderCompany. Also, subject to the foregoing, only Notes Outstanding Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in the Indenture, each of Section 315(d)(3) and Section 316(a)(1) of the Trust Indenture Act is hereby expressly excluded from the Indenture for all purposes. In determining whether the Holders of the required principal amount of Outstanding Notes have concurred in any direction, waiver, consent, approval or other action of Holders, Notes owned by the Issuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Guarantor shall be disregarded, except that (a) Notes owned by Specified Holders shall not be so disregarded and (b) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent, approval or other action of Holders, only Notes that the Trustee knows are so owned shall be so disregarded. Notes so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Notes and that the pledgee is either (i) not the Issuer, any Guarantor or any Person directly or indirectly controlled by the Issuer or any Guarantor or (ii) a Specified Holder. Also, subject to the foregoing, only Notes Outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in the Indenturethis Indenture or any other Notes Document, each of Section 315(d)(3) and Section 316(a)(1316(a) of the Trust Indenture Act TIA (including the last sentence thereof) is hereby expressly excluded from this Indenture and the Indenture other Notes Documents for all purposes. In determining whether the Holders of the required principal amount of Outstanding Notes Securities have concurred in any direction, waiver, consent, consent or approval or other action of Holders, Notes Securities owned by the IssuerCompany, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer Company or any Guarantor shall be disregardeddisregarded and deemed not to be outstanding, except that (ai) Notes Securities owned by Specified Holders shall not be so disregarded and (bii) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent, consent approval or other action of Holders, only Notes that Securities which the Trustee knows are so owned shall be so disregarded. Notes Securities so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Notes Securities and that the pledgee is either (i) not the Issuer, Company any Guarantor or any Person directly or indirectly controlled by other Subsidiary of the Issuer or any Guarantor or (ii) a Specified HolderCompany. Also, subject to the foregoing, only Notes Outstanding Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in the Indenture, each of Section 315(d)(3) and Section 316(a)(1) of the Trust Indenture Act is hereby expressly excluded from the Indenture for all purposes. In determining whether the Holders of the required principal amount of Outstanding Notes have concurred in any direction, waiver, consent, approval or other action of Holders, Notes owned by the Issuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer or any Guarantor shall be disregarded, except that (a) Notes owned by Specified Holders shall not be so disregarded and (b) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent, approval or other action of Holders, only Notes that the Trustee knows are so owned shall be so disregarded. Notes so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Notes and that the pledgee is either (i) not the Issuer, Issuer any Guarantor or any Person directly or indirectly controlled by the Issuer or any Guarantor or (ii) a Specified Holder. Also, subject to the foregoing, only Notes Outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in the Indenturethis Indenture or any other Note Document, each of Section 315(d)(3) and Section 316(a)(1316(a) of the Trust Indenture Act TIA (including the last sentence thereof) is hereby expressly excluded from this Indenture and the Indenture other Note Documents for all purposes. In determining whether the Holders of the required principal amount of Outstanding Notes Securities have concurred in any direction, waiver, consent, consent or approval or other action of Holders, Notes Securities owned by the IssuerCompany, the REIT, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer Company, the REIT or any Guarantor shall be disregardeddisregarded and deemed not to be outstanding, except that (ai) Notes Securities owned by Specified Holders shall not be so disregarded and (bii) for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver, consent, consent approval or other action of Holders, only Notes that Securities which the Trustee knows are so owned shall be so disregarded. Notes Securities so owned that have been pledged in good faith shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right to deliver any such direction, waiver, consent, approval or other action of Holders with respect to the Notes Securities and that the pledgee is either (i) not the IssuerCompany, the REIT, any Guarantor or any Person directly or indirectly controlled by other Subsidiary of the Issuer or any Guarantor or (ii) a Specified HolderCompany. Also, subject to the foregoing, only Notes Outstanding Securities outstanding at the time shall be considered in any such determination.. 103