Common use of When Securities Disregarded Clause in Contracts

When Securities Disregarded. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Issuers, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's right to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the Issuers, any Guarantor, or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the IssuersIssuer, any 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 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's ’s right to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the IssuersIssuer, any Guarantor, Guarantor or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the IssuersIssuer, any 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 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's ’s right to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the Issuers, Issuer any Guarantor, Guarantor or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor. Guarantor Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the IssuersIssuer, any 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 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's right to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the IssuersIssuer, any Guarantor, or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor. 113 Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. Notwithstanding anything to the contrary in this Indenture, Section 316(a) of the TIA (including the last paragraph thereof) is expressly excluded from this Indenture. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the IssuersIssuer, any 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 Guarantor shall be disregarded and deemed considered as though not to be outstanding; provided, 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 Trust Officer of that the Trustee actually knows are so owned shall be so disregarded. Securities so owned which that have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's ’s right to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the IssuersIssuer, any Guarantor, Guarantor or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the IssuersIssuer, any 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 Guarantor shall be disregarded and deemed not to be outstandingoutstanding (unless such Persons are the only beneficial owners of the Securities), 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 Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's ’s right to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the IssuersIssuer, any Guarantor, Guarantor or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers Issuer or any Guarantor. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

When Securities Disregarded. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Issuersan Issuer, any Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith shall not be disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's ’s right to deliver any such direction, waiver or consent with respect to the Securities and that the pledgee is not the Issuersan Issuer, any Guarantor, Guarantor or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuers or any Guarantor. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.