Common use of Treasury Securities Clause in Contracts

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate 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 the Trustee knows are so owned shall be so disregarded.

Appears in 30 contracts

Samples: Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.), Indenture (Cable Design Technologies Corp)

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Treasury Securities. In determining whether the Holders of the required principal amount of Securities of any series have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the such Trustee actually knows are so owned shall be so disregarded.

Appears in 28 contracts

Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 15 contracts

Samples: Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Wichita Manufacturing Inc), Tia Indenture (Sun Healthcare Group Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though 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 which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.

Appears in 14 contracts

Samples: Indenture (Multiband Corp), Indenture (Twin Cities Power Holdings, LLC), Indenture (Twin Cities Power Holdings, LLC)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 10 contracts

Samples: Indenture (Pricellular Corp), Indenture and Assumption Agreement (Centennial Cellular Corp), Price Communications Corp

Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though 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 which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.

Appears in 10 contracts

Samples: Indenture (Markel Corp), Indenture (Madison Bancshares Group LTD), Indenture (Vesta Insurance Group Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 9 contracts

Samples: Indenture (Southern Natural Gas Co), Indenture (Transcontinental Gas Pipe Line Corp), Indenture (El Paso Natural Gas Co)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 7 contracts

Samples: Covenants (Encompass Services Corp), Unilab Corp /De/, Alliance Imaging of Central Georgia Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate shall by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, will be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall will be so disregarded.

Appears in 7 contracts

Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Tetralogic Pharmaceuticals Corp), Equinix Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 7 contracts

Samples: Indenture (RSC Duval Inc), Indenture (Metals Usa Inc), Indenture (Cai Wireless Systems Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 7 contracts

Samples: Indenture (Efm Programming Inc), Indenture (Talk Radio Network Inc), Indenture (Multiverse Acquisition Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuer or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 7 contracts

Samples: Indenture (Warner Alliance Music Inc), Indenture (LEM America, Inc), Indenture (Warner Music Group Corp.)

Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee a Trust Officer knows are so owned shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Tel Save Holdings Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 6 contracts

Samples: Indenture (Hermes Europe Railtel B V), Indenture (Global Telesystems Europe B V), Hermes Europe Railtel B V

Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though 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 which that the Trustee actually knows are to be so owned shall be so disregardedconsidered.

Appears in 6 contracts

Samples: Indenture (Berkley W R Capital Trust), Indenture (Webster Financial Corp), Orion Capital Trust I

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al), Indenture (Mueller Industries Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Company, any Guarantor and Affiliates of the Company, or an Affiliate of any Guarantor shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Jazz Casino Co LLC), Tia Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any request, demand, authorization, notice, direction, waiver or consent, Securities owned by the Company or an by any Affiliate of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, notice, direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Jakks Pacific Inc), Indenture (Jakks Pacific Inc), Indenture (BGC Partners, Inc.)

Treasury Securities. In determining whether the Holders Securityholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee a Trust Officer knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though 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 which the that a Trustee actually knows are to be so owned shall be so disregardedconsidered.

Appears in 5 contracts

Samples: Indenture (Bancfirst Corp /Ok/), Indenture (Bank of Boston Corp), Indenture (Continucare Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 5 contracts

Samples: Doe Run Resources Corp, Doe Run Peru Sr Ltda, Wci Steel Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuers, any Guarantor and Affiliates of the Issuers or an Affiliate of any Guarantor shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Venture Service Co)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Quality Distribution Inc, MTL Inc, Pacer Express Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate 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 for which the Trustee knows has received an Officers' Certificate stating that such Securities are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Wisconsin Electric Power Co, Wisconsin Electric Power Co, Wisconsin Gas Co

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Parent, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (Asap Software Express Inc), Indenture (Moore Labels Inc), Indenture (Buhrmann Nederland B.V.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an Affiliate any of their respective Affiliates shall be disregardedconsidered as though 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 which the Trustee a Responsible Officer knows are to be so owned shall be so disregardedconsidered.

Appears in 4 contracts

Samples: Indenture (Comforce Corp), Atlas Air Inc, Atlas Air Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Guarantor or an Affiliate of any of them shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (Environmental Procedures Inc), Indenture (Pure Resources Inc), Indenture (Fiber Glass Systems Lp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuers or an Affiliate Affiliates of either of the Issuers shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Financing Agreement (Waterford Gaming Finance Corp), Financing Agreement (Waterford Gaming LLC), Indenture (Waterford Gaming LLC)

Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 4 contracts

Samples: Indenture (HMT Technology Corp), Indenture (Komag Inc /De/), Coeur D Alene Mines Corp

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Color Spot Nurseries Inc), Unifrax Investment Corp, Color Spot Nurseries Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Guarantor or an Affiliate of the Company shall be disregardedconsidered 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Pledge Agreement (Gothic Energy Corp), Gothic Energy Corp, Gothic Energy Corp

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, a Subsidiary or by any Affiliate of the Company or an Affiliate shall be disregardedconsidered as though 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 which that the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Barrett Resources Corp, Barrett Resources Corp, Newfield Exploration Co /De/

Treasury Securities. In determining whether the Holders of the required principal amount of the Securities have concurred in any request, demand, authorization, direction, notice, consent or waiver or consent, the Securities owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such request, demand, authorization, direction, notice, consent or waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows has received notice are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.

Appears in 3 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Autotote Corp), Autotote Corp

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Execution (Building Materials Corp of America), Indenture (BMCA Quakertown Inc.), Execution Copy (Building Materials Corp of America)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Corporation or an Affiliate of the Corporation shall be disregardedconsidered 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 Securities which the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an Affiliate by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, shall be disregardedconsidered as though 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 which the that a Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Execution Copy (Western Gas Resources Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Usa Inc /De/)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuers, any of their Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows has Actual Knowledge are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Progress Rail Services (Progress Rail Services, Inc.), RPP Capital Corp, RPP Capital Corp

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Subsidiary Guarantor or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Chesapeake Energy Corp, Plains Resources Inc, Plains Resources Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuers, any of their Subsidiaries or an Affiliate any of its respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Quality Distribution Inc, Quality Distribution Inc, Quality Distribution Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate 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 the Trustee actually knows are so owned shall be so disregarded.

Appears in 3 contracts

Samples: Cable Design Technologies Corp, Alpharma Inc, Alpharma Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate and its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Treasury Securities. In determining whether the Holders of the required principal Principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuer or an Affiliate of the Issuer shall be disregardeddisregarded and deemed not to be outstanding for the purpose of any such determination, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Senior Indenture (Mesa Inc), Mesa Inc

Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Coeur D Alene Mines Corp, Coeur D Alene Mines Corp

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate 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 Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Coastal Bancorp Inc, East West Bancorp Capital Trust I

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuer, any Guarantor and Affiliates of the Issuer or an Affiliate of any Guarantor shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Kerzner International Employment Services LTD), LSB Industries Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuer, any Subsidiary Guarantor or an Affiliate any of their respective Affiliates 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 that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Black Creek Management LLC, Classic Communications Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (HPSC Inc), HPSC Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Guarantor or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: National Energy Group Inc, National Energy Group Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company, any Guarantor and Affiliates of the Company or an Affiliate of any Guarantor shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Hammond Residential LLC), Indenture (Elsinore Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company Issuers or an Affiliate Affiliates of the Issuers shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Centennial Communications Corp /De, Centennial Communications Corp /De

Treasury Securities. In determining whether the Holders of the required principal amount Principal Amount at Maturity of Securities have concurred in any direction, waiver or consent, Securities owned by either of the Company Issuers, any Subsidiary Guarantor or an Affiliate any of their respective Affiliates 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 that the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Frontiervision Holdings Capital Corp, Frontiervision Holdings Capital Ii Corp

Treasury Securities. In determining whether the Holders of the required principal Principal amount of Securities have concurred in any declaration of acceleration or notice of default or direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, the Securities owned by the Company or an Affiliate of the Company shall be disregardeddisregarded as though they were not outstanding, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Ibf Vi Guaranteed Income Fund), Ibf Vi Guaranteed Income Fund

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company (whether directly or by or through the Depository) shall be disregardedconsidered as though 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 which the Trustee that a Responsible Officer knows are to be so owned shall be so disregardedconsidered.

Appears in 2 contracts

Samples: Indenture (Key Energy Group Inc), Key Energy Group Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuers, any of their Subsidiaries or an Affiliate any of its respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Quality Distribution Inc, Quality Distribution Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates 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 the Trustee knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Note Agreement (Casual Male Retail Group Inc), Note Agreement (Designs Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall be fully protected in conclusively relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.

Appears in 2 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Subsidiary Guarantors or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 1 contract

Samples: Bay Area Warehouse Stores Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Synetic Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate shall be disregarded, except that for the purposes of determining whether the Indenture Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Indenture Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Tarragon Realty Investors Inc

Treasury Securities. In determining whether the Holders holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an any Affiliate of the Company shall be disregardedconsidered as though 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 which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (American Business Financial Services Inc /De/)

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Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Corporation or an any Affiliate of the Corporation shall be disregardedconsidered as though 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 which that a Responsible Officer of the Trustee actually knows are to be so owned shall be so disregardedconsidered.

Appears in 1 contract

Samples: Indenture (First Commonwealth Financial Corp /Pa/)

Treasury Securities. In determining whether the Holders of the required principal amount number of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate its Affiliates shall be disregardedconsidered 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 Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate and Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Tia Indenture (Jefferies Group Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.. SECTION 2.10

Appears in 1 contract

Samples: Laboratory Corp of America Holdings

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust officer having direct responsibility for the Trustee administration of this Indenture knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Sunrise Assisted Living Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an by any Affiliate of the Company, shall be disregardedconsidered as though 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 which that a Responsible Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Centene Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company, the Guarantor and Affiliates of the Company or an Affiliate of the Guarantor shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 1 contract

Samples: Pledge Agreement (Capital Gaming International Inc /Nj/)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company or an any other obligor on the Securities or by any Affiliate of the Company or of such other obligor shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.in

Appears in 1 contract

Samples: Indenture (Equity Corp International)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate 42 of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Doe Run Resources Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Parent, any of its Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 1 contract

Samples: Natg Holdings LLC

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, or an Affiliate shall by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company, will be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Securities which that a Trust Officer of the Trustee knows are so owned shall will be so disregarded.

Appears in 1 contract

Samples: Indenture (Rent a Center Inc De)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any other obligor, or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or such other obligor, shall be disregardedconsidered 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 Securities which the such Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Execution (Lear Corp /De/)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.determining

Appears in 1 contract

Samples: Ekco Group Inc /De/

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any Subsidiary Guarantor or an Affiliate of the Company shall be disregardedconsidered 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 Securities which that the Trustee knows actually knows, without investigation by the Trustee, are so owned shall be so disregarded.

Appears in 1 contract

Samples: Registration Rights Agreement (Forman Petroleum Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of any series have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Guarantor or an Affiliate any of their respective Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Devon Energy Corp/De

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, any of its Subsidiaries or an Affiliate any of its respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Compass Minerals International Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Subsidiary Guarantors or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Dominicks Supermarkets Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate 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 for which the Trustee knows has received an Officers’ Certificate stating that such Securities are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Wisconsin Gas Co)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.Securities

Appears in 1 contract

Samples: Specialty Chemical Resources Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any declaration of acceleration or notice of default or direction, waiver or consentconsent or any amendment, modification or other change to this Indenture, the Securities owned by the Company or an Affiliate of the Company shall be disregardeddisregarded as though they were not outstanding, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Headway Corporate Resources Inc)

Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which a Trust Officer of the Trustee actually knows are so owned shall be so disregardedconsidered as not outstanding.

Appears in 1 contract

Samples: Swift Energy Co

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers’ Certificate listing Securities owned by the Company or its Affiliates.

Appears in 1 contract

Samples: Leslies Poolmart Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.

Appears in 1 contract

Samples: Indenture (Leslies Poolmart Inc)

Treasury Securities. In determining whether the Holders Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee a Responsible Officer actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Gilat Satellite Networks LTD

Treasury Securities. In determining whether the Holders of the required Accreted Value or principal amount amount, as the case may be, of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Covenants (Duane Reade Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Issuers or any Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with an Affiliate shall Issuer or any Guarantor, will be disregardedconsidered as though not outstanding, except that for the purposes of determining whether the Trustee shall will be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows are so owned shall will be so disregarded.

Appears in 1 contract

Samples: Canadian Collateral Trust Agreement (Primus Telecommunications Group Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any Subsidiary Guarantor, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any Subsidiary Guarantor shall be disregardedconsidered as though 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 which that the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Collateral Agreement (Harvard Industries Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities of any series have concurred in any direction, waiver or consent, Securities owned by the Company Company, the Guarantor or an Affiliate of any of them shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Anadarko Petroleum Corp

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, the Guarantor or any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or an Affiliate the Guarantor shall be disregardedconsidered as though 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 which that a Trust Officer of the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: SFW Holding Corp

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company or an Affiliate and Affiliates of the Company shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such usch direction, amendment, supplement, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Us Foodservice/Md/)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows has received notice are so owned shall be so disregarded. The Trustee may require an Officers’ Certificate of the Company listing Securities owned by the Company or its Affiliates.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded. The Trustee may require an Officers' Certificate listing Securities owned by the Company or its Affiliates.

Appears in 1 contract

Samples: Indenture (Comcast Cellular Holdings Inc)

Treasury Securities. In determining whether the Holders ------------------- Noteholders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate of the Company shall be disregardedconsidered 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 Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: NTL Inc /De/

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, amendment, supplement, waiver or consent, Securities owned by the Company, any Guarantor and Affiliates of the Company or an Affiliate of any Guarantor shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, amendment, supplement, waiver or consent, only Securities which that a Trust Officer of the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Indenture (Urohealth Systems Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consentconsent required or permitted to be given to the Fiscal Agent under this Agreement, Securities owned by the Company or an Affiliate any subsidiary or affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee Fiscal Agent shall be protected in relying on any such direction, waiver or consent, only Securities which the Trustee knows are Company declares in writing to the Fiscal Agent as being so owned shall be so disregarded.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Principal Financial Group Inc)

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company, any Subsidiary of the Company or an by any Affiliate of the Company shall be disregardedconsidered as though 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 which a Trustee has been advised in writing by the Trustee knows Company or the Holder are so owned shall be so disregarded.

Appears in 1 contract

Samples: Pioneer Financial Services Inc /De

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company Company, the 47 -39- Subsidiaries or an Affiliate any of their respective Affiliates shall be disregarded, except that that, for the purposes of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Securities which that the Trustee knows or has reason to know are so owned shall be so disregarded.

Appears in 1 contract

Samples: Smiths Food & Drug Centers Inc

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any direction, waiver or consent, Securities owned by the Company or an Affiliate any of its Affiliates shall be disregarded, except that for the purposes purpose of determining whether the Trustee shall be protected in relying on any such directiondirec- tion, waiver or consent, only Securities which the Trustee actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Building Materials Corp of America

Treasury Securities. In determining whether the Holders of the required principal amount of Securities have concurred in any notice, direction, waiver or consent, Securities owned by the Company Company, any Subsidiary, any other obligor on the Securities or an Affiliate of the Company or such other obligor shall be disregarded, except that for the purposes of determining whether the Trustee shall be protected in relying on any such notice, direction, waiver or consent, only Securities which the Trustee knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Sina Corp

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