Common use of When Treasury Securities Disregarded Clause in Contracts

When Treasury Securities Disregarded. In determining whether the Holders of the required aggregate principal amount of the Securities of any Series have concurred in any direction, waiver or consent, the Securities of any Series owned by the Company or any other obligor on such Securities 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 Securities of such Series which the Trustee actually knows are so owned shall be so disregarded. Securities of such Series 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 Securities of such Series and that the pledgee is not the Company or any other obligor upon the Securities of such Series or any Affiliate of any of them.

Appears in 3 contracts

Samples: Indenture (Scenic Outdoor Marketing of Consulting Inc), Lamar Electrical Inc, American Signs Inc

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When Treasury Securities Disregarded. In determining whether the Holders of the required aggregate principal amount of the Securities of any Series or a series thereof have concurred in any direction, waiver or consent, the Securities of any Series owned by the Company or any other obligor on such upon the Securities or by any Affiliate of any of them 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 Securities of such Series which the Trustee actually knows are so owned shall be so disregarded. Securities of such Series 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 Securities of such Series and that the pledgee is not the Company or any other obligor upon the Securities of such Series or any Affiliate of any of themthe Company or such obligor.

Appears in 3 contracts

Samples: Section Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp)

When Treasury Securities Disregarded. In determining whether the Holders of the required aggregate principal amount of the Securities of any Series or a series thereof have concurred in any direction, waiver or consent, the Securities of any Series owned by the Company or any other obligor on such upon the Securities or by any Affiliate of any of them 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 Securities of such Series which the Trustee actually knows are so owned shall be so disregarded. Securities of such Series 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 Securities of such Series and that the pledgee is not the Company or any other obligor upon the Securities of such Series or any Affiliate of any of themthe Company or such obligor.

Appears in 1 contract

Samples: Sierra Pacific Resources Capital Trust Ii

When Treasury Securities Disregarded. In determining whether the Holders of the required aggregate principal amount of the Securities of any Series have concurred in any direction, waiver or consent, the Securities of any Series owned by the Company or any other obligor on such Securities or by any Affiliate of any of them the Company 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 Securities which a Responsible Officer of such Series which the Trustee actually knows or should reasonably have known in the exercise of the standard of care required by Section 7.01 or shall have received notice of in writing are so owned shall be so disregarded. Securities of such Series 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 Securities of such Series and that the pledgee is not the Company or any other obligor upon the Securities of such Series or any an Affiliate of any of themthe Company.

Appears in 1 contract

Samples: Avaya Inc

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When Treasury Securities Disregarded. In determining whether the Holders of the required aggregate principal amount of the Securities of any Series have concurred in any direction, waiver or consent, the Securities of any Series owned by the Company Company, any Guarantors or any other obligor on such the Securities 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 Securities of such Series which the Trustee actually knows are so owned shall be so disregarded. Securities of such Series 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 Securities of such Series and that the pledgee is not the Company Company, a Guarantors or any other obligor upon the Securities of such Series or any Affiliate of any of them.

Appears in 1 contract

Samples: Indenture (Fairfield Manufacturing Co Inc)

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