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 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 an Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (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 Issuers, 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 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 an Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Petro Stopping Centers L P)

When Treasury Notes Disregarded. In determining whether the holders 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 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 an Issuerthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Paxson Communications Corp)

When Treasury Notes Disregarded. In determining whether the 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 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 an Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Skyterra Communications 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 IssuersCompany, 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 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 an Issuerthe Company, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Federal Mogul Corp)

When Treasury Notes Disregarded. In determining whether the holders Holders of the required aggregate principal amount of a series of Notes have concurred in any direction, waiver or consent, such series of Notes owned by the Issuers, any Guarantor Company or any other obligor on the such series of Notes or by any Affiliate of any of them person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or such obligor 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 such series of Notes which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Such series of 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 such series of Notes and that the pledgee is not an Issuer, a Guarantor the Company or any other obligor upon the such series of Notes or any Affiliate of any of themperson directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or such obligor.

Appears in 1 contract

Sources: Indenture (Adelphia Communications 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 IssuersIssuer, ▇▇▇▇▇▇ ▇▇▇▇▇, 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 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 an the Issuer, a ▇▇▇▇▇▇ ▇▇▇▇▇, any other Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Archivex 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 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 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 an Issuer, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Skyterra Communications 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 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 actually knows 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 IssuerIssuers, a Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Petersen Holdings 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 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 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 an Issuerthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Paxson Communications 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 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 which a Responsible Officer of the Trustee 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 Issuerthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Paxson Communications 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 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 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 an Issuerthe Company, a Subsidiary Guarantor or any other obligor upon the Notes or any Affiliate of any of them.

Appears in 1 contract

Sources: Indenture (Paxson Communications Corp)