Common use of When Treasury Notes Disregarded Clause in Contracts

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 12 contracts

Samples: Lamar Media Corp/De, Lamar Advertising Co/New, Lamar Media Corp/De

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When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 6 contracts

Samples: Indenture (Outdoor Systems Inc), Lamar Advertising Co, Lamar Advertising Co

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregardeddisregarded as though they were not outstanding, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 5 contracts

Samples: Pledge and Intercreditor Agreement (Pierce Leahy Corp), Indenture (Healthcor Holdings Inc), Pierce Leahy Corp

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a any Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 4 contracts

Samples: Supplemental Indenture (Muzak Holdings Finance Corp), Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Finance Corp)

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuer, any a Guarantor or any other obligor on the Notes or by any an Affiliate of any of them the Issuer or a Guarantor shall be disregarded, considered as though they are not outstanding except that for the purposes 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. ; Notes so owned which that have been pledged in good faith shall not may be disregarded regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to the Notes such Notes, and that the pledgee is not the Company, Issuer or a Guarantor or any other obligor upon the Notes or any Affiliate of any of themthe Issuer or a Guarantor.

Appears in 4 contracts

Samples: Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD), Indenture (Nortel Networks Corp)

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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 actually knows are so owned shall be so disregarded. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 3 contracts

Samples: Covenants (Hayes Wheels International Inc), Covenants (Hayes Lemmerz International Inc), Indenture (MWC Acquisition Sub Inc)

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor Company or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor Company or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 3 contracts

Samples: Indenture (Entex Information Services Inc), Indenture (Cole National Corp /De/), Indenture (Cole National Group Inc)

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any directionaction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregardeddisregarded as though they were not outstanding, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Healthcor Holdings Inc

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.. 112 -105-

Appears in 1 contract

Samples: Indenture (Outdoor Systems Inc)

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Harbinger Capital Partners Master Fund I, Ltd.

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Mobile Satellite (Skyterra Communications Inc)

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregardeddisregarded as though they were not outstanding, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Harbinger Capital Partners Master Fund I, Ltd.

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes Company or by any Affiliate of any of them the Company shall be disregardeddisregarded as though they were not outstanding, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of themNotes.

Appears in 1 contract

Samples: Labranche & Co Inc

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuer, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a any Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Indenture (Muzak LLC)

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Indenture (Skyterra Communications Inc)

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any 113 -106- Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Outdoor Systems Inc

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When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Subsidiary Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a any Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: D&f Industries Inc

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of themNotes.

Appears in 1 contract

Samples: Harbinger Capital Partners Master Fund I, Ltd.

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of themNotes.

Appears in 1 contract

Samples: Indenture (Skyterra Communications Inc)

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor Company or any other obligor on the Notes or by any Affiliate of any of them shall be disregardeddisregarded as though they were not outstanding, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor Company or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Submicron Systems Corp

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the CompanyIssuers, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregardeddisregarded as though they were not outstanding, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Companyan Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Petro Stopping Centers L P

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any directiondirec- tion, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes of determining determin ing 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. Notes so owned which have been pledged in good faith shall not be disregarded disre garded if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: International Shipholding Corp

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Antenna Tv Sa

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor Issuers or any other obligor on the Notes or by any Affiliate of any of them shall be disregardeddisregarded as though they were not outstanding, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor an Issuer or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Petro Holdings Financial Corp

When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor Company or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor Company or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Park Ohio Industries Inc

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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. Notes 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 so to act with respect to the Notes and that the pledgee is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: International Shipholding Corp

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company, any Guarantor or any other obligor on the Notes or by any Affiliate of any of them shall be disregarded, except that for the purposes 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 actually knows are so owned shall be so disregarded. Notes 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 so to act with respect to the Notes and that the pledgee 110 -102- is not the Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Hayes Lemmerz International Inc

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