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 Issuers, 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 as to which a Responsible Officer of the Trustee has received an Officer's Certificate stating that such securities 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 an Issuers, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Petersen Holdings LLC

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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 IssuersCompany, 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 as to which a Responsible Officer of the Trustee has received an Officer's Certificate stating that such securities 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 an Issuersthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Indenture (Paxson Communications 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 IssuersCompany, 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 as to which a Responsible Officer of the Trustee has received an Officer's Certificate stating that such securities 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 an Issuersthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Purchase Agreement (Paxson Communications 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 IssuersIssuer, Xxxxxx Xxxxx, any other 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 as to which a Responsible Officer of the Trustee has received an Officer's Certificate stating that such securities 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 an Issuersthe Issuer, a Xxxxxx Xxxxx, any other Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Archivex LTD

When Treasury Notes Disregarded. In determining whether the Holders of the required aggregate principal amount or Accreted Value, as the case may be, of Notes have concurred in any direction, waiver or consent, Notes owned by the IssuersCompany, 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 as to which a Responsible Officer of the Trustee has received an Officer's Certificate stating that such securities 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 an Issuersthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Purchase Agreement (Paxson Communications Corp)

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When Treasury Notes Disregarded. In determining whether the Holders holders of the required aggregate principal amount or Accreted Value of Notes have concurred in any direction, waiver or consent, Notes owned by the Issuers, 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 as to which a Responsible Officer of the Trustee has received an Officer's Certificate stating that such securities 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 an IssuersIssuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: 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 IssuersCompany, 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 or the Collateral Agent shall be protected in relying on any such direction, waiver or consent, only Notes as to which a Responsible Officer of the Trustee has received an Officer's Certificate stating that such securities or the Collateral Agent 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 or the Collateral Agent the pledgee's right so to act with respect to the Notes and that the pledgee is not an Issuersthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Samples: Paxson Communications Corp

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