Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability, and (2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 5 contracts
Sources: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 5 contracts
Sources: Indenture (Sports Authority Inc /De/), Indenture (Interim Services Inc), Indenture (Etoys Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, Trustee; provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability, Indenture; and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 4 contracts
Sources: Indenture (Drdgold LTD), Indenture (Shire PLC), Indenture (Durban Roodepoort Deep LTD)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2b) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 4 contracts
Sources: Indenture (Cell Therapeutics Inc), Indenture (Asm International N V), Indenture (Cell Therapeutics Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability, andIndenture,
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction,
(3) the Trustee may refuse to follow the directions if the Trustee, upon the written advice of counsel, determines that it may involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Tech Data Corp), Indenture (Tech Data Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directiondirection or this Indenture.
Appears in 2 contracts
Sources: Indenture (Aspen Technology Inc /De/), Indenture (Genesco Inc)
Control by Holders of Securities. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose Indenture, and could not involve the Trustee to in personal liabilityliability in circumstances where reasonable indemnity would not be adequate, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Subordinated Debenture Indenture (Southern Investments Uk Capital Trust I), Subordinated Debenture Indenture (PPL Electric Utilities Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Securities of such series, provided thatPROVIDED THAT:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or Indenture, expose the Trustee to personal liability, liability or be unduly prejudicial to Holders not joined therein; and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Nisource Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2b) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directiondirection or this Indenture.
Appears in 1 contract
Sources: Indenture (MRV Communications Inc)
Control by Holders of Securities. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Securities of such series, provided that,
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Ibp Inc)
Control by Holders of Securities. The Subject to Section 6.3(5), the Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Baan Co N V)
Control by Holders of Securities. The Holders of a majority in principal amount Original Principal Amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee; provided, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Feg Holdings Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Homebase Inc)
Control by Holders of Securities. 114- 126 The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liabilityIndenture, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Staples Inc)
Control by Holders of Securities. The Subject to Section 6.3, the Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or expose the Trustee to personal liability, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount aggregate Principal Amount of the Outstanding outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee with respect to the Securities of such seriesTrustee, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or expose with the Trustee to personal liabilitySecurities, and
(2b) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Securities of such series, Securities; provided that
(1) such , the Trustee may refuse to follow any direction shall not be in conflict that conflicts with any rule of law or with this Indenture Indenture, that is prejudicial to the rights of other Holders or expose that would involve the Trustee to in personal liability, and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Conseco Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, Trustee; provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or expose Indenture;
(b) such direction shall not be unduly prejudicial to the Trustee to personal liability, rights of other holders of the Securities; and
(2c) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Noble International LTD)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Securities of such series; provided, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or Indenture, expose the Trustee to personal liability, liability or be unduly prejudicial to Holders not joined therein; and
(2) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Nisource Finance Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided Trustee; PROVIDED that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or expose Indenture;
(b) such direction shall not be unduly prejudicial to the Trustee to personal liability, rights of other holders of the Securities; and
(2c) subject to the provisions of Trust Indenture Act Section 315, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Macerich Co)