Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. (a) Subject in each case to the provisions of Section 2.06, when 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 or any Affiliate of the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose 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. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Cohn Robbins Holdings Corp.)

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When Notes Disregarded. (a) Subject in each case to the provisions of Section 2.06, when In determining whether the Holders of the required aggregate principal amount of the Notes have concurred in any direction, waiver or consent, the Notes owned by the Company or by any Affiliate of Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Company shall will be disregarded and deemed not to be outstanding, except that, for the purpose 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. Also, subject Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Subject in each case to the provisions of Section 2.06, when 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 or by any Affiliate of Person directly or indirectly Controlling or Controlled by or under direct or indirect common Control with the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose 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. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Rj Reynolds Tobacco Holdings Inc

When Notes Disregarded. (a) Subject in each case to the provisions of Section 2.06, when In determining whether the Holders Noteholders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which a Responsible Trust Officer of the Trustee actually knows are so owned shall be so disregarded. Also, subject Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination. This Section 11.02 supersedes in its entirety Section 2.12 of the Original Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture and Security Agreement (Coeur D Alene Mines Corp)

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When Notes Disregarded. (a) Subject in each case to the provisions of Section 2.06, when 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 or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company shall be disregarded and deemed not to be outstanding, except that, for the purpose 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 receives an Officer's Certificate certifying that such Notes are so owned shall be so disregarded. Also, subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Shared Technologies Inc)

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