Control by Holders. Subject to Section 7.02(f), the Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that: (a) such direction shall not be in conflict with any rule of law or with this Indenture, (b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (c) subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 51 contracts
Sources: Indenture (Richtech Robotics Inc.), Indenture (Dominari Holdings Inc.), Indenture (Arbe Robotics Ltd.)
Control by Holders. Subject to Section 7.02(f)6.03, the Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 40 contracts
Sources: Subordinated Indenture (Eplus Inc), Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 16 contracts
Sources: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 15 contracts
Sources: Indenture (Community West Bancshares), Indenture (Central Valley Community Bancorp), Indenture (Central Valley Community Bancorp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 13 contracts
Sources: Subordinated Indenture (Inergy L P), Indenture (Alliance Resource Partners Lp), Indenture (Lakehead Pipeline Co Lp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(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 b)o Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 11 contracts
Sources: Subordinated Indenture (Imperial Eagle Shipping LLC), Indenture (Canyon I Navigation Corp.), Indenture (Nordic American Tanker Shipping LTD)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 6 contracts
Sources: Indenture (Rowan Companies Inc), Indenture (Frontier Oil Corp /New/), Indenture (Comstock Resources Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 6 contracts
Sources: Indenture (Weatherford International LTD), Indenture (Weatherford International Inc /New/), Indenture (Weatherford International LTD)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed direction would involve expose the Trustee in to personal liability.
Appears in 6 contracts
Sources: Indenture (Sun Communities Inc), Indenture (Sun Communities Operating Limited Partnership), Indenture (Just Energy Group Inc.)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, ; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 6 contracts
Sources: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.017.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 5 contracts
Sources: Indenture (Omnicom Finance Holdings PLC), Indenture (Omnicom Group Inc.), Indenture (Omnicom Finance Holdings PLC)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities Notes of any Series either 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 Notes of such Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.01, 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 that the proceeding so directed would involve the Trustee in personal liability.
Appears in 5 contracts
Sources: Indenture, Indenture, Indenture (Broadcom Inc.)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, 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 (South Carolina Electric & Gas Co), Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (PNC Capital Trust F)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, 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 (Praegitzer Industries Inc), Junior Subordinated Indenture (Downey Financial Capital Trust I), Junior Subordinated Indenture (Associated Banc-Corp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a1) such direction shall not be in conflict with any applicable rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject Subject to the provisions of Section 7.016.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Indenture (Marathon Petroleum Corp), Indenture (Marathon Petroleum Corp), Indenture (Marathon Petroleum Corp)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of 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, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such SeriesSecurities; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction directions if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 4 contracts
Sources: Indenture (Sunoco Logistics Partners Lp), Indenture (Kinder Morgan Energy Partners L P), Indenture (Sunoco Logistics Partners Lp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Indenture (Bankatlantic Bancorp Inc), Indenture (Ivax Corp /De), Senior Indenture (SFX Broadcasting Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in principal amount of the outstanding Outstanding Securities of any Series 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, series; 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 which is not inconsistent with such direction, and
(ciii) subject to the provisions of Section 7.01, 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, determine that the proceeding action so directed would involve the Trustee in personal liabilityliability or be unduly prejudicial to Holders not joining therein.
Appears in 4 contracts
Sources: Indenture (International Business Machines Corp), Indenture (Ibm International Group Capital LLC), Indenture (Ibm International Group Capital LLC)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 4 contracts
Sources: Indenture (El Paso Natural Gas Co), Indenture (El Paso Energy Capital Trust I), Indenture (El Paso Energy Capital Trust Iii)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Senior Debt Indenture (Ameris Bancorp), Indenture (Host Marriott Corp/Md), Indenture (HMH Properties Inc)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 3 contracts
Sources: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.016.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 3 contracts
Sources: Subordinated Indenture (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities Notes of any Series 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 Notes of such Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.01, 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 that the proceeding so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Broadcom Inc.), Indenture (Broadcom Cayman L.P.), Indenture (Broadcom LTD)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided that:
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 which is not inconsistent with such direction, and
; and (c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability. SECTION 513.
Appears in 3 contracts
Sources: Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Tennessee Pipeline Co), Indenture (Tennessee Gas Pipeline Co)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the any Trustee, or exercising any trust or power conferred on the any Trustee, with respect to the Securities of such Series, series or the Guarantee in respect thereof; 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 Trustees which is not inconsistent consistent with such direction, and
(c3) subject to the provisions of Section 7.016.1, each of the Trustee Trustees shall have the right to decline to follow any such direction if the such Trustee in good faith shall, by a Responsible Officer of the such Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Hydro One Holdings LTD), Indenture (Hydro One LTD), Indenture (Hydro One LTD)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Securities of any Series 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, with respect to the Securities of such SeriesDebentures; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (KBK Capital Trust I), Junior Convertible Subordinated Indenture (Amcv Capital Trust I), Junior Convertible Subordinated Indenture (American Classic Voyages Co)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 7.016.1, 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, determine that the proceeding proceedings so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Securities of any Series 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, with respect to the Securities of such SeriesNotes; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Northern Border Partners Lp), Indenture (Northern Border Partners Lp), Indenture (Northern Border Pipeline Co)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, 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 which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD), Senior Indenture (MRM Capital Trust Iii)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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, series; provided that:
(a1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or be unjustly prejudicial to any Holders not joining in such direction,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 7.016.01, 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 determine, and the Trustee shall have received a legal opinion stating, that the proceeding proceedings so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such SeriesSecurities, provided that:
(a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or the Intercreditor Agreement,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 3 contracts
Sources: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, ; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Leap Wireless International Inc), Indenture (Leap Wireless International Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1 above, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Rc2 Corp), Indenture (Standex International Corp/De/)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (York Water Co), Indenture (Maritrans Inc /De/)
Control by Holders. Subject to the provisions of Section 7.02(f)6.03, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.016.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Sources: Indenture (Investar Holding Corp), Indenture (Investar Holding Corp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.017.1 and Section 7.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed 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. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,, the Securities or any Guarantee;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.01601, 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 that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 7.01601, 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 TrusteeTrustee shall, in good faith, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust Iii)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the TrusteeTrustee Officer, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Daron Coal Company, LLC), Indenture (Daron Coal Company, LLC)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in principal amount of the outstanding Outstanding Securities of any Series 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 series; PROVIDED that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.017.1, 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, determine that the proceeding action so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, 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 which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, 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 (MRM Capital Trust Iii), Junior Subordinated Indenture (MRM Capital Trust Iii)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Minter-Weisman Co), Indenture (Fleming Companies Inc /Ok/)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series series shall have the right to direct the time, method and place of conducting any proceeding for or any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Sources: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Control by Holders. Subject to Section 7.02(f)the provisions of Section 603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.01Section 601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Sources: Indenture (SouthState Corp), Indenture (SouthState Corp)
Control by Holders. Subject to Section 7.02(f)the provisions of Sections 507 and 603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided that:
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 which is not inconsistent with such direction, and
; and (c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Sources: Indenture (Enterprise Financial Services Corp), Indenture (Park National Corp /Oh/)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,.
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, 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 (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; PROVIDED, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Tc Pipelines Lp), Indenture (Tc Pipelines Lp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with the Securities of such series,
(b2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee shall, in good faith shall, by a Responsible Officer of the Trusteefaith, 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 (PVH Corp. /De/), Indenture (PVH Corp. /De/)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the either Trustee, or exercising any trust or power conferred on the either Trustee, with respect to the Securities of such SeriesSeries or the Guarantee in respect thereof, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee Trustees may take any other action deemed proper by the Trustee Trustees which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.01, each of the Trustee Trustees shall have the right to decline to follow any such direction if the such Trustee in good faith shall, by a Responsible Officer of the such Trustee, determine that the proceeding so directed would involve the such Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (South Bow USA Infrastructure Holdings LLC), Indenture (South Bow Corp)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed direction would involve expose the Trustee in to personal liability.
Appears in 2 contracts
Sources: Indenture (TODCO Mexico Inc.), Indenture (TODCO Mexico Inc.)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series series affected thereby, voting as a class, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Seriesseries, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 7.01601, 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 that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (Monsanto Finance Canada Co.), Indenture (Monsanto Co /New/)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 7.01601, 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 that the proceeding so directed would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Senior Indenture (Everest Re Capital Trust Iii), Senior Indenture (Everest Re Group LTD)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series series shall have the right to direct the time, method and place of conducting any proceeding for or any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 1 contract
Sources: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Control by Holders. Subject to the provisions of Section 7.02(f)6.03, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 1 contract
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would conflict with applicable law or this Indenture or involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Omnicom Group Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, determine that the proceeding so directed would involve be unjustly prejudicial to the Trustee in personal liability.Holders not
Appears in 1 contract
Sources: Junior Subordinated Indenture (Sea Pines Associates Inc)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any either Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series; provided, provided however, that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction directions if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 1 contract
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.01, 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 of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (864 Beverage, Inc.)
Control by Holders. Subject to Section 7.02(f7.1(e), the Holders of a majority in principal amount of the outstanding Securities of any either Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Danaher Corp /De/)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.so
Appears in 1 contract
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series series affected thereby, voting as a class, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.01, 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 that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Syngenta Finance N.V.)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in at least 66-2/3% of the then outstanding 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 SeriesSecurities, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Genta Inc De/)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.Responsible
Appears in 1 contract
Sources: Indenture (San Francisco Walls Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, 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.. 63 - 57 -
Appears in 1 contract
Sources: Junior Subordinated Indenture (National Penn Bancshares Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Tivo Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of not less than a majority in principal amount of the outstanding Outstanding Securities of any Series series shall have the right to direct the time, method and place of conducting any proceeding for any 38 remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 1 contract
Sources: Indenture (CenterState Bank Corp)
Control by Holders. Subject to the provisions of Section 7.02(f)603, the Holders of a majority in aggregate principal amount of the outstanding Outstanding Securities of any Series a 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 Seriesseries; provided, 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 which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 7.01601, the Trustee shall have the right to decline to follow any such direction directions if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liabilityliability or would otherwise be contrary to applicable law.
Appears in 1 contract
Sources: Indenture (Kinder Morgan Inc)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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, determine that the proceeding proceedings so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Harsco Corp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.016.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, shall determine that the proceeding so directed would involve the Trustee in personal liability and it shall not be provided indemnity and security satisfactory to it against any liability.
Appears in 1 contract
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Securities of any Series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.018.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series 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 Seriesseries, 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 which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.016.1, 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 TrusteeTrustee shall, in good faith, 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. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the Securities then outstanding Securities of any Series 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 Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 7.01, 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 that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Fortive Corp)
Control by Holders. Subject to Section 7.02(f), the The Holders of a majority in principal amount of the outstanding Outstanding Securities of any Series series affected thereby, voting as a class, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such Seriesseries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 7.01Section 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 Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Syngenta Ag)
Control by Holders. Subject to Section 7.02(f11.02(h), the Holders of 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, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such SeriesSecurities, provided that:
that (a) such direction shall not be in conflict with any rule of law or with this Indenture,
, (b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
and (c) subject to the provisions of Section 7.0111.01, 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 that the proceeding proceedings so directed would involve the Trustee in personal liability.
Appears in 1 contract
Sources: Indenture (Grubb & Ellis Co)