Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, and (c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 87 contracts
Sources: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp), Junior Subordinated Indenture (Validus Holdings LTD)
Control by Holders. The Holders of not less than a majority in 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; provided, 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 that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 72 contracts
Sources: Indenture (Bryn Mawr Bank Corp), Indenture (China Natural Resources Inc), Indenture (CSL National, LP)
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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 34 contracts
Sources: Junior Subordinated Indenture (Pmi Group Inc), Junior Subordinated Indenture (Chase Capital Iii), Indenture (Comerica Inc /New/)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably faith shall determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 33 contracts
Sources: Indenture (American Natural Soda Ash Corp.), Indenture (Laredo Midstream Services, LLC), Indenture (Burleson Water Resources, LLC)
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 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:
(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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 33 contracts
Sources: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp), Indenture (Independent Bank Corp)
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; provided, 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 that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 31 contracts
Sources: Junior Subordinated Indenture (Jeffbanks Inc), Junior Subordinated Indenture (Dime Capital Trust Ii), Junior Subordinated Indenture (Bb&t Capital Trust I)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee, determine, and the Trustee shallshall have received a legal opinion stating, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 29 contracts
Sources: Indenture (Progress Software Corp /Ma), Indenture (New York Times Co), Indenture (FMC Corp)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably faith shall determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 25 contracts
Sources: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 16 contracts
Sources: Indenture (Wesbanco Inc), Indenture (Universal Stainless & Alloy Products Inc), Indenture (Hancock Holding Co)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith share, by a Responsible Officer or Officers of the Trustee, determine, and the Trustee shallshall have received a legal opinion stating, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 16 contracts
Sources: Indenture (Jefferies Group Capital Finance Inc.), Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America 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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 16 contracts
Sources: Indenture (Airtran Holdings Inc), Indenture (Sabre Holding Corp), Indenture (Talk America)
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 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 15 contracts
Sources: Senior Indenture (Alpha Natural Resources, Inc.), Senior Indenture (Massey Energy Co), Indenture (Energy Transport CO)
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; provided, with respect to the Securities of such series, provided that:
(a) 5.12.1 such direction shall not be in conflict with any rule of law or with this Indenture,
(b) 5.12.2 the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c) 5.12.3 subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability against which indemnity would not be satisfactory.
Appears in 15 contracts
Sources: Indenture (Vale Overseas LTD), Indenture (Vale Overseas LTD), Indenture (Embraer S.A.)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline any direction with respect to follow such direction if which a Responsible Officer or Officers of reasonably determines such direction will cause the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders incur any liability for which it shall not joining in any such direction or would involve the Trustee in personal liabilityhave been adequately indemnified pursuant to Section 5.07.
Appears in 14 contracts
Sources: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco 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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 13 contracts
Sources: Indenture (Lear Corp), Subordinated Indenture (Lear Corp), Indenture (Lear Corp)
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; provided, 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 that is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 13 contracts
Sources: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (Florida Community Banks Inc), Junior Subordinated Indenture (Assuranceamerica Corp)
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 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:
(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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 11 contracts
Sources: Indenture (Huntington Bancshares Inc/Md), Indenture (Huntington Bancshares Inc/Md), Indenture (LegacyTexas Financial Group, 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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faithdetermine, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 10 contracts
Sources: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, 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 Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series; provided, provided that:
(ai) such direction shall not be in conflict with any rule of law or with this Indenture,
(bii) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(ciii) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Trust Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding action so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or be unduly prejudicial to Holders not joining therein.
Appears in 10 contracts
Sources: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp), Senior Indenture (Lincoln National Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, with respect to the Securities, 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 that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 9 contracts
Sources: Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Fb Capital Trust), Junior Subordinated Indenture (BNB Capital Trust)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Senior Notes 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; 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 that is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 8 contracts
Sources: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital 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 any Trustee, or exercising any trust or power conferred on any Trustee, with respect to the TrusteeSecurities 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 Trustees may take any other action deemed proper by the Trustee that Trustees which is not inconsistent consistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, each of the Trustee Trustees shall have the right to decline to follow any such direction if such Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallsuch Trustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 8 contracts
Sources: Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, with respect to the Securities, 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 8 contracts
Sources: Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (Gbci Capital Trust Ii), Junior Subordinated Indenture (Mason Dixon Capital Trust Ii)
Control by Holders. The Holders of not less than a majority in 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; provided, 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 that which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would be unduly prejudicial to the rights of another Holder or the Trustee.
Appears in 7 contracts
Sources: Senior Indenture (Global Ship Lease, Inc.), Subordinated Indenture (Global Ship Lease, Inc.), Senior Indenture (Asia Entertainment & Resources Ltd.)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 7 contracts
Sources: Indenture (RadNet, Inc.), Indenture (RadNet, Inc.), Indenture (Allegheny Technologies Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes 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 Notes, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 7 contracts
Sources: First Supplemental Indenture (BrightSpring Health Services, Inc.), First Supplemental Indenture (BrightSpring Health Services, Inc.), First Supplemental Indenture (BrightSpring Health Services, 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; provided, 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 that is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 6 contracts
Sources: Junior Subordinated Indenture (Southern Bancshares Nc Inc), Junior Subordinated Indenture (Fidelity Bancshares Nc Inc /De/), Junior Subordinated Indenture (MBNK Capital Trust I)
Control by Holders. The Holders of not less than 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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 6 contracts
Sources: Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp)
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; provided, 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 that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 5 contracts
Sources: Junior Subordinated Indenture (Zions Institutional Capital Trust A), Junior Subordinated Indenture (Southern States Capital Trust I), Junior Subordinated Indenture (Seacoast Financial Services Corp)
Control by Holders. The Holders of not less than a majority in 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; provided, 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 that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or that it will not be adequately indemnified against the costs, expenses and liabilities which might be incurred by it in complying with such direction.
Appears in 5 contracts
Sources: Indenture (Celanese Americas LLC), Indenture (Celanese Global Relocation LLC), Indenture (CalAmp Corp.)
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; provided, with respect to the Securities of such series, provided that:
(a) 5.12.1 such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) 5.12.2 the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, ; and
(c) 5.12.3 subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability against which indemnity would not be satisfactory.
Appears in 5 contracts
Sources: Indenture (Embraer S.A.), Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer S.A.)
Control by Holders. The Holders of not less than at least a majority in aggregate 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 or exercising any trust or power conferred on the Trustee; providedTrustee with respect to the Debt Securities of such series, PROVIDED that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Responsible Officers of the Trustee, determine that the proceeding so directed would be unjustly prejudicial to the Holders of Debt Securities of such series not joining in any such direction; and
(3) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 5 contracts
Sources: Indenture (Harrahs Entertainment Inc), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Junior Subordinated Supplemental Indenture (BRT Realty Trust), Junior Subordinated Indenture (Beazer Homes Usa Inc), Junior Subordinated Indenture (Orleans Homebuilders 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 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:
(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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Indenture (Independent Bank Corp), Indenture (Valley National Bancorp), Indenture (Valley National Bancorp)
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; provided, 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 that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Evans Capital Trust III), Trust Agreement (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)
Control by Holders. The Subject to the provisions of Section 6.03, 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 Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series; provided, however, 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 that which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably faith shall determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 4 contracts
Sources: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Indenture (Financial Institutions 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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Responsible Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Indenture (Cullen/Frost Bankers, Inc.), Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, 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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (BMP Sunstone CORP), Indenture (BMP Sunstone CORP), Indenture (BMP Sunstone CORP)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Debentures 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; 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Txi Capital Trust I), Indenture (Caremark Rx Inc), Indenture (Gentiva Health Services Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right right, to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee; provided, thatTrustee with respect to the Notes PROVIDED THAT:
(a1) the Trustee shall have the right to decline to follow any such direction shall if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be in taken or would conflict with any rule of law this Indenture or with this Indenture,if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed would involve it in personal liability or be unjustly prejudicial to the Holders not taking part is in such direction, and
(b2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Pepsi Bottling Group Inc), Indenture (Pepsi Bottling Group Inc), Indenture (Pepsi Bottling Group Inc)
Control by Holders. The Holders holders of not less than at least a majority in aggregate 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 or exercising any trust or power conferred on the Trustee; providedTrustee with respect to the Debt Securities of such series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) subject to the provisions of Section 6.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Responsible Officers of the Trustee, determine that the proceeding so directed would be unjustly prejudicial to the holders of Debt Securities of such series not joining in any such direction; and
(c) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Metro-Goldwyn-Mayer Inc), Indenture (MGM Grand Inc), Indenture (MGM Grand Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Meadowbrook Insurance Group 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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably faith shall determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (American Safety Insurance Holdings LTD), Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC)
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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (Mellon Bank Corp), Junior Subordinated Indenture (Hl&p Capital Trust Iv)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, direction and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities outstanding Notes 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 Notes, 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 that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment 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, however, 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 that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Everest Re Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, Trustee 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, with respect to the Securities, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Riggs Capital Ii), Junior Subordinated Indenture (Riggs National Corp)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the The Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably faith shall determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Sources: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; providedPROVIDED, 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section SECTION 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Debentures 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 Debentures, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.25.01, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would potentially involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.. EXHIBIT D
Appears in 2 contracts
Sources: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)
Control by Holders. The Holders of not less than a majority in 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; provided, 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 that which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would be unduly prejudicial to the rights of another Holder or the Trustee. SECTION 6.13.
Appears in 2 contracts
Sources: Senior Indenture (Global Ship Lease, Inc.), Subordinated Indenture (Global Ship Lease, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate 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 or exercising any trust or power conferred on the Trustee; Trustee with respect to the Debt Securities of such series, provided, that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) subject to the provisions of Sections 6.01 and 6.03, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Responsible Officers of the Trustee, determine that the proceeding so directed would be unjustly prejudicial to the Holders of Debt Securities of such series not joining in any such direction; and
(3) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Senior Indenture (Magnum Hunter Resources Inc), Senior Indenture (Meridian Resource CORP)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline any direction with respect to follow such direction if which a Responsible Officer or Officers of reasonably determines such direction will cause the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders incur any liability for which it shall not joining in any such direction or would involve the Trustee in personal liabilityhave been adequately indemnified pursuant to Section 5.7.
Appears in 2 contracts
Sources: Indenture (Pitney Bowes Inc /De/), Indenture (Pitney Bowes Credit Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (RAIT Financial Trust), Junior Subordinated Indenture (Comstock Homebuilding Companies, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method 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; providedTrustee with respect to the Notes, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this First Supplemental Indenture or Base Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1 of the Base Indenture, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: First Supplemental Indenture (BofI Holding, Inc.), First Supplemental Indenture (BofI Holding, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, with respect to the Securities, 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 that is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Allegiant Capital Trust Ii), Junior Subordinated Indenture (Allegiant Bancorp Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and the holders of a majority in liquidation amount of the Capital Securities 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; provided, with respect to the Securities, 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 that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities outstanding Notes 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 Notes, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,Indenture or expose the Trustee in personal liability;
(b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Responsible Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve expose the Trustee in to personal liability.
Appears in 2 contracts
Sources: Indenture (Amphenol Corp /De/), Indenture (Amphenol 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 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:
(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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (United Community Banks Inc), Indenture (United Community Banks 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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Pacific Crest Capital Inc), Junior Subordinated Indenture (PCC Capital I)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall Debentures 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; provided, that:
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 that is not inconsistent with such direction, and
; and (c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Westcoast Hospitality Corp), Indenture (Westcoast Hospitality Capital Trust)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities shall have the right exercisable by Act of such Holders to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustees, or exercising any trust or power conferred on the Trustee; providedTrustees, with respect to the Securities, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the a Trustee may take any other action deemed proper by the such Trustee that which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.2, the a Trustee shall have the right to decline decide not to follow such direction if such Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallsuch Trustee, in good faith, reasonably determine that the proceeding so directed such direction would be unjustly prejudicial to the Holders not joining in any such direction or would involve the such Trustee in personal liability.
Appears in 2 contracts
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 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:
(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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Bnccorp Inc), Junior Subordinated Indenture (Vib Corp)
Control by Holders. The Except as otherwise provided herein or in the Notes, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes 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; 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction action if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably faith by its board of directors or executive committee or a trust committee of directors and/or Responsible Officers shall determine that the proceeding actions or proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would be unduly prejudicial to Holders not joining in such direction.
Appears in 1 contract
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 Trustee, or exercising any trust or power conferred on the Trustee; providedTrustee under this Indenture, with respect to the Securities of such series, provided that:
(a1) such direction shall not be in conflict with any statute or rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding proceedings so directed would expose the Trustee to personal liability or would be unjustly unduly prejudicial to the Holders of Securities of that series not joining in any such direction or would involve the Trustee in personal liabilitydirection.
Appears in 1 contract
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability from which it has not been adequately indemnified.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or the action or proceeding so directed may not lawfully be taken.
Appears in 1 contract
Sources: Junior Subordinated Indenture (First Community Bancorp /Ca/)
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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.01, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Junior Subordinated Indenture (National Commerce Financial Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes of any 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; providedTrustee with respect to the Notes of such tranche, thatPROVIDED THAT:
(a1) the Trustee shall have the right to decline to follow any such direction shall if the Trustee, being advised by counsel, determines that the action so directed may not lawfully be in taken or would conflict with any rule of law this Indenture or with this Indenture,if the Trustee in good faith shall, by a Responsible Officer, determine that the proceedings so directed would involve it in personal liability or be unjustly prejudicial to the Holders not taking part in such direction, and
(b2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Pepsi Bottling Group 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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities outstanding Debentures 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; , provided, that:
(a1) such direction shall not be in conflict with any rule of or law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.29.01, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably shall determine that the proceeding so directed such direction would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in any personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method 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 Notes, provided that:
(ad) such direction shall not be in conflict with any rule of law or with this Indenture,
(be) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, ,
(f) such direction is not unduly prejudicial to the rights of other Holders of the Notes (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such directions are unduly prejudicial to such Holders); and
(cg) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: First Supplemental Indenture (West Bancorporation 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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, provided that:
(ai) such direction shall not be in conflict with any rule of law or with this Indenture,
(bii) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction, and
(ciii) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes 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 Notes, provided that:
(ai) such direction shall not be in conflict with any rule of law or with this Indenture,
(bii) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(ciii) subject to the provisions of Section 6.28.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Second Supplemental Indenture (Elanco Animal Health 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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject Subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Junior Subordinated Indenture (WSFS Financial Corp)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Sabre Holdings Corp)
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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; 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 that is not inconsistent with such direction, and
(c) and subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
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 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.good faith shall, by a Responsible
Appears in 1 contract
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding proceedings so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Colony Financial, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes 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 Notes, 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 that which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.27.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would is contrary to applicable law or this Indenture or may be unjustly unduly prejudicial to the Holders of Notes not joining in any such direction or would involve the Trustee in personal liabilitydirection.
Appears in 1 contract
Sources: Indenture (Caraustar Industries Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities outstanding Notes shall have the right to direct the time, method 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; providedTrustee with respect to the Notes, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this First Supplemental Indenture or Base Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and,
(c3) subject to the provisions of Section 6.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability, and
(4) such Holders shall have provided indemnity or security satisfactory to the Trustee in connection with the action or inaction so directed.
Appears in 1 contract
Sources: First Supplemental Indenture (Customers Bancorp, 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, 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 that which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Chittenden Capital Trust I)
Control by Holders. The Holders of not less than a majority 25% in 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; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Idex 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; provided, 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 that which is not inconsistent with such direction, andand 49 42
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes 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, that:with respect to the Notes, provided that 28
(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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Mobile Mini 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 Trustee, or exercising any trust or power conferred on the Trustee; , with respect to the Securities of such series, provided, however, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions provision of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes 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 Notes, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly unduly prejudicial to the Holders not joining in rights of any such direction other Holder or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Mego Mortgage Corp)
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 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 that which is not inconsistent with such direction, and
and (c3) subject to the provisions of Section 6.2701, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Trust Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding action so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liabilityliability or would be unduly prejudicial to Holders not joining in such direction. SECTION 613.
Appears in 1 contract
Sources: Indenture (Polaroid Corp)
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 Trustee, or exercising any trust or power conferred on the Trustee; provided, 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 that which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Comerica Inc /New/)
Control by Holders. The Holders of not less than a majority in 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; provided, 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,Indenture or expose the Trustee in personal liability;
(b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Responsible Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve expose the Trustee in to personal liability.
Appears in 1 contract
Sources: Indenture (Ca, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities 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; provided, with respect to the Securities, 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 that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.26.1, the Trustee shall have the right to decline to follow such direction if a Responsible Officer or Officers of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Allegiant Capital Trust I)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; 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 that which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.2601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee shallTrustee, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in 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; provided, 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 that which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.2, the Trustee shall have the right to may decline to follow any direction that is unduly prejudicial to the rights of the Holders of Securities of such direction if a Responsible Officer Series not consenting, or Officers that would in the good faith judgment of the Trustee shall, in good faith, reasonably determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve have a substantial likelihood of involving the Trustee in personal liability.
Appears in 1 contract