Control by Holders. 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, and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 324 contracts
Sources: Senior Indenture (Gulfport Appalachia, LLC), Subordinated Indenture (Mind Technology, Inc), Subordinated Indenture (Ring Energy, Inc.)
Control by Holders. 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 30 contracts
Sources: Subordinated Indenture (Bristow Helicopters Inc), Senior Indenture (Bristow Helicopters Inc), Senior Indenture (Bristow Helicopters Inc)
Control by Holders. 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 PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 24 contracts
Sources: Indenture (AbbVie Inc.), Indenture (Abbott Laboratories), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 18 contracts
Sources: Indenture (Cii Financial Inc), Indenture (Regency Centers Corp), Indenture (Philip Services Corp/De)
Control by Holders. 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
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 18 contracts
Sources: Indenture (Apple Inc.), Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC)
Control by Holders. 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 18 contracts
Sources: Indenture (Marathon Oil Corp), Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp)
Control by Holders. The Holders of a majority in principal amount 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 series, provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 17 contracts
Sources: Indenture (Novellus Systems Inc), Indenture (Sohu Com Inc), Indenture (Computer Associates International Inc)
Control by Holders. 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 IndentureIndenture and would not involve the Trustee in personal liability, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 15 contracts
Sources: Indenture (Haleon PLC), Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV)
Control by Holders. 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, Trustee or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, Trustee under this Indenture; provided that;
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 15 contracts
Sources: Indenture (Herc Holdings Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)
Control by Holders. 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, with respect to the Securities of such series, provided that;
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 13 contracts
Sources: Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals Inc /De)
Control by Holders. The Subject to Section 6.03, 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 13 contracts
Sources: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Verb Technology Company, Inc.), Indenture (Tevogen Bio Holdings Inc.)
Control by Holders. 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 series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 12 contracts
Sources: Indenture (Jostens Inc), Indenture (Deluxe Corp), Indenture (Fingerhut Companies Inc)
Control by Holders. 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
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 12 contracts
Sources: Indenture (Newmont Usa LTD), Indenture (American Tower Corp /Ma/), Indenture (Regency Centers Lp)
Control by Holders. 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 11 contracts
Sources: Indenture (Welltower OP LLC), Indenture (Welltower OP LLC), Indenture (Brookfield Asset Management Ltd.)
Control by Holders. 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 TrusteeTrustee for the Securities of such series, or exercising any trust or power conferred on the such 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, ; and
(2) the such Trustee may take any other action deemed proper by the such Trustee which is not inconsistent with such direction.
Appears in 11 contracts
Sources: Indenture (Weatherford International LTD), Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited Co)
Control by Holders. 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, Indenture or any supplemental indenture relating to such Securities; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 10 contracts
Sources: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Energy Services Puerto Rico LLC)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 10 contracts
Sources: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)
Control by Holders. 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, 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 10 contracts
Sources: Indenture (Enron Capital Trust I), Indenture (Rouse Company), Indenture (Commerce Security Bancorp Inc)
Control by Holders. 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
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 10 contracts
Sources: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Control by Holders. 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, with respect to the Securities of such series, provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 9 contracts
Sources: Senior Secured Indenture (United Rentals Highway Technologies Gulf, LLC), Senior Indenture (United Rentals Realty, LLC), Senior Indenture (United Rentals Realty, LLC)
Control by Holders. 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 8 contracts
Sources: Indenture (Pacificare Health Systems Inc /De/), Indenture (Bowater Inc), Indenture (Bowater Inc)
Control by Holders. 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 8 contracts
Sources: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)
Control by Holders. 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 8 contracts
Sources: Indenture (Alberto-Culver CO), Indenture (Psi Energy Inc), Indenture (TPG Nv)
Control by Holders. 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 TrusteeTrustees, or exercising any trust or power conferred on the TrusteeTrustees, with respect to the Securities of such series, provided that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2b) the Trustee Trustees may take any other action deemed proper by the Trustee Trustees which is not inconsistent with such direction.
Appears in 8 contracts
Sources: Indenture (Brookfield Asset Management Ltd.), Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Infrastructure Partners L.P.)
Control by Holders. 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 that the Trustee may refuse to follow any decision that conflicts with any rule of law or with this Indenture, and
(2) or that may result in the incurrence of liability by the Trustee, and the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 7 contracts
Sources: Indenture (BlackRock, Inc.), Indenture (BlackRock Finance, Inc.), Indenture (BlackRock Inc.)
Control by Holders. 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, with respect to the Securities of such series, provided that
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 7 contracts
Sources: Indenture (Group Maintenance America Corp), Indenture (Group Maintenance America Corp), Indenture (Miller Mechanical Contractors Inc)
Control by Holders. 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
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 7 contracts
Sources: Indenture (Blackstone Inc.), Subordinated Indenture (Blackstone Holdings I L.P.), Indenture (Blackstone Holdings I L.P.)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Indenture (Exelon Generation Co LLC), Indenture (Allegheny Energy Supply Co LLC), Indenture (Lexmark International Inc /Ky/)
Control by Holders. 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.:
Appears in 6 contracts
Sources: Indenture (Welltower OP LLC), Indenture (Welltower OP Inc.), Indenture (Danaher Corp /De/)
Control by Holders. 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; PROVIDED, 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Indenture (Suiza Foods Corp), Indenture (Inacom Corp), Indenture (Chemed Capital Trust)
Control by Holders. 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
: (1a) such direction shall not be in conflict with any rule of law or with this Indenture, and
and (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)
Control by Holders. 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
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, the Securities or any Guarantee or expose the Trustee to personal liability; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Indenture (America Movil Sa De Cv/), Indenture (Mobile Radio Dipsa), Indenture (Telefonos De Mexico S a De C V)
Control by Holders. 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; provided, 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Indenture (Calenergy Co Inc), Indenture (Calpine Capital Trust), Indenture (Calpine Corp)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Indenture (Itron Inc /Wa/), Indenture (Commscope Inc), Indenture (Seacor Holdings Inc)
Control by Holders. 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directiondirection or this Indenture.
Appears in 6 contracts
Sources: Indenture (Scholastic Corp), Indenture (Scholastic Corp), Indenture (Forest City Enterprises Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any all affected 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 6 contracts
Sources: Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (NYSE Holdings LLC), Subordinated Debt Indenture (NYSE Holdings LLC)
Control by Holders. 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 seriesSecurities, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 5 contracts
Sources: Forward Contract and Indenture (Targets Trusts Vi), Forward Contract and Indenture (Targets Trusts Vi), Forward Contract and Indenture (Targets Trusts Vi)
Control by Holders. 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:
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) 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 (AppLovin Corp), Indenture (Marvell Technology Group LTD), Indenture (Westwater Resources, Inc.)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 5 contracts
Sources: Note Indenture (Cemex Sab De Cv), Note Indenture (Cemex Sab De Cv), Note Indenture (Cemex Sab De Cv)
Control by Holders. 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, and
(2) 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 (Modine Manufacturing Co), Senior Indenture (Duke Power Co /Nc/), Indenture (Mercury General Corp)
Control by Holders. 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:
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) 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 of Trust (Tortoise North American Energy Corp), Indenture of Trust (Tortoise Energy Capital Corp), Indenture of Trust (Tortoise Energy Infrastructure Corp)
Control by Holders. 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, with respect to the Securities of such series, provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2ii) 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 (Concur Technologies Inc), Indenture (Concur Technologies Inc), Indenture (Rovi Corp)
Control by Holders. 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 provided, however, that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, ;
(2) such direction shall not involve the Trustee in personal liability; and
(23) 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 (Anthem, Inc.), Indenture (Anthem, Inc.), Indenture (Wellpoint, Inc)
Control by Holders. 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; provided, with respect to the Securities of such series, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2b) 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 (Warnaco Group Inc /De/), Indenture (Walbro Capital Trust), Indenture (Walbro Corp)
Control by Holders. 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, with respect to the Securities of such series, provided that
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2ii) 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 (Avon Products Inc), Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.)
Control by Holders. The Subject to Section 6.03, 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2b) 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 (American Public Education Inc), Indenture (NextCure, Inc.), Indenture (Flir Systems Inc)
Control by Holders. The Holders of a majority in principal amount at maturity 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 series, ; provided that
(1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or expose the Trustee to personal liability (as determined in the sole discretion of the Trustee), and
(2) 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 (RSL Communications LTD), Indenture (RSL Communications LTD), Indenture (RSL Communications LTD)
Control by Holders. 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 PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such directiondirection or this Indenture.
Appears in 4 contracts
Sources: Indenture (Scholastic Corp), Indenture (Scholastic Corp), Indenture (Scholastic Corp)
Control by Holders. 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 provided, that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2b) 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 (American Capital Senior Floating, Ltd.), Indenture (American Capital, LTD), Indenture (American Capital, LTD)
Control by Holders. 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
that (1) such direction shall not be in conflict with any rule of law or with this Indenture, and
and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 4 contracts
Sources: Subordinated Indenture (PHX Minerals Inc.), Senior Indenture (PHX Minerals Inc.), Senior Debt Indenture (Hasbro Inc)
Control by Holders. 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; provided, 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, and
(2) 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 (Converse Inc), Indenture (Fuisz Technologies LTD), Indenture (Designer Holdings LTD)
Control by Holders. 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 seriesSecurities, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) 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 (Cme Group Inc.), Indenture (Royal Caribbean Cruises LTD), Indenture (Clark Usa Inc /De/)
Control by Holders. 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 series, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 4 contracts
Sources: Collateral Trust Indenture (Louisiana Power & Light Co /La/), Refunding Agreement (Entergy Louisiana Inc), Refunding Agreement (Entergy Louisiana Inc)
Control by Holders. 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
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) 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 of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Nuveen Tax Advantaged Total Return Strategy Fund)
Control by Holders. 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, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) 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 (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (NMI Holdings, Inc.)
Control by Holders. 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, 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, and
(2) 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 (Potlatch Corp), Indenture (Rite Aid Corp), Indenture (Forest City Enterprises Inc)
Control by Holders. 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
that (1) such direction shall not be in conflict with any rule of law or with this Indenture, and
and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction. SECTION 513.
Appears in 3 contracts
Sources: Indenture (Anadarko Petroleum Corp), Indenture (Sprint Corp), Indenture (Anadarko Petroleum Corp)
Control by Holders. 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, the Securities or any Guarantee, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture Agreement (PROCTER & GAMBLE Co), Indenture (Procter & Gamble International Funding SCA), Indenture (Procter & Gamble International Funding SCA)
Control by Holders. 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, with respect to the Securities of such seriesTrustee under this Indenture, provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Senior Secured Indenture (United Rentals North America Inc), Senior Indenture (United Rentals North America Inc), Senior Indenture (United Rentals North America Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any each series affected (each series voting as a separate class) 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 series, ; provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, Indenture and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Energy Partners LTD), Indenture (Burlington Resources Finance Co), Indenture (Energy Partners LTD)
Control by Holders. 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 IndentureIndenture or involve the Trustee in personal liability or be unjustly prejudicial to the Holders of Securities of such series not taking part in such direction, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Staples Inc), Indenture (Staples Inc), Indenture (Staples Inc)
Control by Holders. 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 TrusteeTrustee for the Securities of such series, or exercising any trust or power conferred on the such 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, ; and
(2) the such Trustee may take any other action deemed proper by the such Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Ingersoll Rand Co LTD), Indenture (Ingersoll Rand Co LTD), Indenture (Ingersoll Rand Co)
Control by Holders. The Holders of a majority in principal amount 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 series, provided that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Gold Reserve Inc), Indenture (Minefinders Corp Ltd.), Indenture (JDS Uniphase Corp /Ca/)
Control by Holders. The Subject to Article Six hereof, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Dime Bancorp Inc), Indenture (Amsouth Bancorporation), Indenture (Dime Bancorp Inc)
Control by Holders. 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 provided, however, that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc)
Control by Holders. 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, 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Western Resources Capital Ii), Indenture (Southwestern Public Service Co), Indenture (Western Resources Inc /Ks)
Control by Holders. The Subject to Section 603(5), 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.:
Appears in 3 contracts
Sources: Indenture (Amcor PLC), Indenture (Amcor PLC), Indenture (Amcor PLC)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (National Data Corp), Indenture (Reptron Electronics Inc), Indenture (Budget Group Inc)
Control by Holders. The Holders of a majority in principal amount number 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Warrant Indenture (American International Group Inc), Warrant Indenture (Aig Capital Trust I), Warrant Indenture (American International Group Inc)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any particular series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee for the Securities of such series with respect to the Securities of that series or exercising any trust or power conferred on the Trustee, such Trustee with respect to the Securities of such seriesSecurities, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.:
Appears in 3 contracts
Sources: Indenture (Lorillard, Inc.), Indenture (Lorillard, Inc.), Indenture (Lorillard, Inc.)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series tranche 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 seriestranche, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Nomura America Finance, LLC), Indenture (Nomura America Finance, LLC), Senior Debt Indenture (Goldman Sachs Capital V)
Control by Holders. 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 exercising 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Concentric Network Corp), Indenture (Di Giorgio Corp), Indenture (Di Giorgio Corp)
Control by Holders. 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 series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Fluor Corp), Indenture (Fluor Corp/De/), Indenture (Fluor Corp)
Control by Holders. 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 3 contracts
Sources: Indenture (Geon Co), Indenture (American Health Properties Inc), Senior Indenture (Aetna Inc /Pa/)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Debt 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 Debt Securities of such series, provided provided, that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) 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 Indenture (Tesoro Alaska Co), Senior Indenture (Tesoro Alaska Co)
Control by Holders. 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, with respect to the Securities of such series, provided that
that -------- (1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Lexmark International Group Inc), Indenture (FLN Finance Inc)
Control by Holders. The Subject to Section 6.03, 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.)
Control by Holders. 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, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) 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 Debt Securities Indenture (Nextel Communications Inc), Senior Debt Securities Indenture (Nextel Communications Inc)
Control by Holders. 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, with respect to the Securities of such series, provided that:
(1a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or be unduly prejudicial to the Holders of the Securities not joining therein, and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (NorthStar Realty Europe Corp.), Indenture (Northstar Realty Finance Corp.)
Control by Holders. 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, 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Mexican Economic Development Inc), Indenture (Coca Cola Femsa Sab De Cv)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (America Movil Sab De Cv/), Indenture (Mobile Radio Dipsa)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Sonus Networks Inc), Indenture (Sonus Networks Inc)
Control by Holders. 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, 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 IndentureIndenture or expose the Trustee to personal liability (as determined in the sole discretion of the Trustee), and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Granite Broadcasting Corp), Indenture (Brooks Fiber Properties Inc)
Control by Holders. 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
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, Indenture or any Guarantee or expose the Trustee to personal liability; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Control by Holders. 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, Trustee with respect to the Securities of such series, Securities; provided that
(1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture and would not involve the Trustee in personal liability, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Vintage Petroleum Inc), Indenture (Vintage Petroleum Inc)
Control by Holders. The With respect to the Securities of any series, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Encysive, L.P.), Indenture (Mission E&p Limited Partnership)
Control by Holders. 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 series, provided that
: (1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.and 27
Appears in 2 contracts
Sources: Indenture (Toro Co), Indenture (Toro Co)
Control by Holders. The Holders of a majority 50% or more 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 series, ; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Olsten Corp), Indenture (Medpartners Inc)
Control by Holders. 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, provided however, that
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Parker Hannifin Corp), Indenture (Parker Hannifin Corp)
Control by Holders. 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
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (OM Asset Management PLC), Indenture (OM Asset Management PLC)
Control by Holders. 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, 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, and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Rite Aid Corp), Indenture (Rite Aid Corp)
Control by Holders. 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 PROVIDED that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any all affected series (voting together as a single class) 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, ; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Senior Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (Intercontinental Exchange, Inc.)
Control by Holders. 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, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (HCC Capital Trust Ii), Indenture (Onb Capital Trust Iv)
Control by Holders. The Holders of a majority in principal amount 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 series, provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture, ; and
(2ii) the Trustee may take refuse to follow any such direction that the Trustee determines is unduly prejudicial to the rights of any other action deemed proper by Holder or that would involve the Trustee which is not inconsistent with such directionin personal liability.
Appears in 2 contracts
Sources: Indenture (World Acceptance Corp), Indenture (Inverness Medical Innovations Inc)
Control by Holders. 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, with respect to the Securities of such series, provided that
that (1a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture and shall not expose the Trustee to personal liability, and
and (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Overseas Shipholding Group Inc), Indenture (Overseas Shipholding Group Inc)
Control by Holders. 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, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture, and
(2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Allied Capital Corp), Indenture (Allied Capital Corp)
Control by Holders. 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
(1a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or expose the Trustee to personal liability, and
(2b) subject to the provisions of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee it which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Rogers Communications Inc), Indenture (Rogers Wireless Inc)
Control by Holders. 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; provided, 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, and; and 49 49
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 2 contracts
Sources: Indenture (Chemed Capital Trust), Indenture (Chemed Corp)