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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided that (a) such direction shall not be in conflict with any rule of law or with this Indenture; (b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (c) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 6 contracts
Sources: Indenture (Excel Legacy Corp), Indenture (Leap Wireless International Inc), Indenture (Price Legacy Corp)
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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(c) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 5 contracts
Sources: Indenture (Terra Capital Group), Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America)
Control by Holders of Securities. The Holders of not less than 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 series, provided that
(a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with the Securities of such series;
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction; and;
(c) the Trustee need such direction is not take any action which might involve it in personal liability or be unduly prejudicial to the rights of other Holders of Securities of such series not joining therein. Nothing in this Indenture such action; and
(d) subject to the provisions of Sections 601 and 603, the Trustee shall impair have the right of to decline to follow any such direction if the Trustee in its discretion to take any action deemed proper good faith shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee and which is not inconsistent with such direction by Holdersin personal liability.
Appears in 5 contracts
Sources: Indenture (American General Finance Corp), Indenture (Old National Bancorp /In/), Subordinated Indenture (Onb Capital Trust Vi)
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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided PROVIDED that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(c3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 4 contracts
Sources: Indenture (Wyman Gordon Co), Indenture (Western Investment Real Estate Trust), Indenture (Wyman Gordon Co)
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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(c3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 4 contracts
Sources: Indenture (Kilroy Realty, L.P.), Indenture (Shurgard Storage Centers Inc), Indenture Agreement (Realty Income Corp)
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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(c3) the Trustee need not take any action which that might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 3 contracts
Sources: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers 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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided thatPROVIDED that 45
(a1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(c3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 2 contracts
Sources: Indenture (Bay Apartment Communities Inc), Indenture (Trinet Corporate Realty Trust Inc)
Control by Holders of Securities. The Holders of not less than 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 series, ; provided that
(a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with the Securities of such series;
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction; and;
(c) the Trustee need such direction is not take any action which might involve it in personal liability or be unduly prejudicial to the rights of other Holders of Securities of such series not joining therein. Nothing in this Indenture such action; and
(d) subject to the provisions of Sections 601 and 603, the Trustee shall impair have the right of to decline to follow any such direction if the Trustee in its discretion to take any action deemed proper good faith shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee and which is not inconsistent with such direction by Holdersin personal liability.
Appears in 1 contract
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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided -------- that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(c3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 1 contract
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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided thatPROVIDED THAT:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(c3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 1 contract
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 or exercising any trust or power conferred on the Trustee with respect to the Securities of such series, provided PROVIDED that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture;, 44 51
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(c3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee and which is not inconsistent with such direction by Holders.
Appears in 1 contract