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 Parent, the Company or any Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Parent, the Company or any Note 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 (i) a Trust Officer of the Trustee actually knows are so owned or (ii) as to which the Trustee shall have received notice of ownership in accordance with Section 11.02 hereof shall be so disregarded. Subject to the foregoing, only Securities outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Kansas City Southern, Kansas City Southern, Kansas City Southern

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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 ParentIssuer, the Company or Company, any other Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the ParentIssuer, the Company or any other Note 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 (i) a Trust Officer of the Trustee actually knows are so owned or (ii) as to which the Trustee shall have received notice of ownership in accordance with Section 11.02 hereof 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: Seagate Technology Malaysia Holding Co Cayman Islands

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 Parent, the Company or any Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Parent, the Company or any Note 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 (i) a Trust Officer of the Trustee actually knows are so owned or (ii) as to which the Trustee shall have received notice of ownership in accordance with Section 11.02 hereof 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: SOUTHERN DEVELOPMENT Co

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 Parent, the Company or Company, any Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Parent, the Company or any Note 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 (i) a Trust Officer of the Trustee actually knows are so owned or (ii) as to which the Trustee shall have received notice of ownership in accordance with Section 11.02 12.02 hereof 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: Kansas City Southern Industries Inc

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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 Parent, the Company or Company, any Note Guarantor or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Parent, the Company or any Note 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 (i) a Trust Officer of the Trustee actually knows are so owned or (ii) as to which the Trustee shall have received notice of ownership in accordance with Section 11.02 hereof 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: Article 9 (Kansas City Southern Industries Inc)

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