Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 9 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Altice USA, Inc.

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When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, the Parent Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will or the Parent Guarantor 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 6 contracts

Samples: Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (Harrahs Entertainment Inc)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such the Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 5 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes or a series of Notes, as applicable, have concurred in any direction, waiver or consent, any such Notes or series of Notes, as applicable, owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Company, OI Inc., any of the Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will Company, OI Inc. or any of the Guarantors 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuers, the Subsidiary Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will Issuers or the Subsidiary Guarantors 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 the Trustee knows has received written notice thereof are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (EP Energy Corp), Supplemental Indenture (EP Energy Corp), Supplemental Indenture (EP Energy Corp)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, any Subsidiary Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will or any Subsidiary Guarantor 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 Trust Officer of the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Registration Rights Agreement (GeoEye, Inc.), Indenture (GeoEye, Inc.), Indenture (GeoEye, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section in Sections 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such the Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 3 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), phx.corporate-ir.net

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes or a series of Notes, as applicable, have concurred in any direction, waiver or consent, any such Notes or series of Notes, as applicable, owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required principal amount at maturity of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, Holdings, any Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will Issuer, Holdings or any Guarantor 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Indenture (Intelsat LTD), Indenture (Intelsat LTD)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.033.11, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such the Notes owned by the Issuer Company or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer Company 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 2 contracts

Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuers, the Subsidiary Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will Issuers 133 or the Subsidiary Guarantors 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 the Trustee knows has received written notice thereof are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (EP Energy Corp)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, any Note Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will or any Note Guarantor 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination. SECTION 13.07.

Appears in 1 contract

Samples: Graftech International LTD

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, the Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will or the Guarantors 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 the Trustee knows has actual knowledge are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (Rackspace Technology, Inc.)

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When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.. Section 12.05

Appears in 1 contract

Samples: Indenture (Sothebys)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Company, the Issuer, the other Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Company, the Issuer will or the other Guarantors 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 the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (Cott Corp /Cn/)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by any of the Issuer Issuers, the Subsidiary Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with any of the Issuer will Issuers or the Subsidiary Guarantors 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 the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Stars Group Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 3.08 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such the Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (Altice USA, Inc.)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes or a series of Notes, as applicable, have concurred in any direction, waiver or consent, any such Notes or series of Notes, as applicable, owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer will be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether the Trustee 148 shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee knows are so owned shall be so disregarded. 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) Except as otherwise provided under Section 3.07 and Section 4.03, in determining whether the Holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer or by any Person directly or indirectly controlling, or controlled by, or under direct or indirect common control with the Issuer 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 144 consent, only Notes which the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Altice USA, Inc.

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders holders of the required principal amount of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuers, the Guarantors or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will Issuers or the Guarantors shall be disregarded and deemed not to be outstanding, except that, for the purpose of determining whether a Responsible Officer of the Trustee shall be protected in relying on any such direction, waiver or consent, only Notes which the Trustee actually knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Indenture (Quality Distribution Inc)

When Notes Disregarded. (a) Except as otherwise provided under Section 3.07 and Section 4.03, in In determining whether the Holders of the required aggregate principal amount outstanding of the Notes have concurred in any direction, waiver or consent, any such Notes owned by the Issuer Issuer, any Guarantor or by any Person directly or indirectly controlling, controlling or controlled by, by or under direct or indirect common control with the Issuer will or any Guarantor or any Notes held in the Disputed Claims Reserve (as defined in the Plan), shall be disregarded and deemed not to be outstandingOutstanding, 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 the Trustee knows are so owned shall be so disregarded. Subject to the foregoing, only Notes outstanding Outstanding at the time shall be considered in any such determination.

Appears in 1 contract

Samples: Supplemental Indenture (Capmark Affordable Properties LLC)

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