Common use of Control by Holders Clause in Contracts

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 30 contracts

Sources: Senior Debt Indenture (Interpublic Group of Companies, Inc.), Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De)

Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, involve the Trustee in personal liability or be unduly prejudicial to the Holders of the Securities not joining in the action; and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 18 contracts

Sources: Indenture (Gogo Inc.), Senior Indenture (EAM Corp), Indenture (Gogo Inc.)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in connection therewith, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 17 contracts

Sources: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 15 contracts

Sources: Indenture (American Heritage Life Investment Corp), Indenture (Ingersoll Rand Co), Indenture (True North Communications Inc)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any affected series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 7 contracts

Sources: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Baltimore Gas & Electric Co)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any a series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the TrusteeTrustee with respect to Securities of such series, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1i) such direction shall not be in conflict with any rule of law or with this Indenture;, (2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3iii) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 6 contracts

Sources: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided PROVIDED that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 6 contracts

Sources: Senior Debt Indenture (Cnooc LTD), Senior Debt Indenture (Nexen Inc), Subordinated Debt Indenture (Nexen Inc)

Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with the Securities; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining thereinliability.

Appears in 4 contracts

Sources: Indenture (O&M Halyard, Inc.), Indenture (O&M Halyard, Inc.), Indenture (Owens & Minor Inc/Va/)

Control by Holders. The Holders of not less than a majority in aggregate principal amount of the 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 that: (1a) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture (including, without limitation, Section 5.07) or expose the Trustee to personal liability; and (2b) subject to the provisions of Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 4 contracts

Sources: Indenture (Hollinger International Inc), Senior Subordinated Indenture (Hollinger International Publishing Inc), Senior Indenture (Hollinger International Publishing Inc)

Control by Holders. The Holders of not less than a majority in 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 of exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such seriesNotes; provided, provided however, that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, and such Holders have complied with Section 603(6), (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting (it being further understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unjustly prejudicial to such Holders).

Appears in 4 contracts

Sources: Indenture (Entegris Inc), Indenture (Entegris Inc), Indenture (Entegris Inc)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any particular series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee for the Securities of such series with respect to the Securities of that series or exercising any trust or power conferred on the Trustee, such Trustee with respect to the Securities of such seriesSecurities, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the such Trustee may take any other action deemed proper by the such Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the such Trustee need not take any action which might involve expose it to personal liability, without the Trustee in personal liability receipt of reasonable indemnity from Holders requesting such action, or be unduly prejudicial to the Holders of Securities of such series not joining therein.

Appears in 4 contracts

Sources: Indenture (CubeSmart, L.P.), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)

Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series affected then Outstanding shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders of the Securities of the affected series not joining thereinin the giving of such direction.

Appears in 3 contracts

Sources: Indenture (Ingredion Inc), Indenture (Corn Products International Inc), Indenture (Corn Products International Inc)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:that in each case (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 3 contracts

Sources: Subordinated Indenture (Complete Management Inc), Indenture (Dvi Inc), Indenture (CSC Parent Corp)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any all series affected by an Event of Default (determined as provided in Section 502 and as one 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 Outstanding Securities of such affected series, provided that:that in each case (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Outstanding Securities of such affected series not joining thereinconsenting.

Appears in 3 contracts

Sources: Indenture (Agrium Inc), Indenture (Mosaic Co), Indenture (Mosaic Co)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series Series (voting as a single class) shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee or exercising any trust or power conferred on the Trustee, with Trustee in respect to of the Securities of such seriesSeries, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or unduly prejudicial to the rights of Holders of Securities of all Series not joining in such direction or, in the opinion of the Trustee, involve the Trustee in personal liability, and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 3 contracts

Sources: Indenture (Anheuser Busch Companies Inc), Indenture (Anheuser Busch Companies Inc), Indenture (Anheuser Busch Companies Inc)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect relating to the Securities of such seriesor arising under Section 501, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 2 contracts

Sources: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1a) such direction shall not be in conflict with any rule of law or with this Indenture; (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3c) subject to Section 6.016.1 below, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining thereinin this Indenture.

Appears in 2 contracts

Sources: Senior Debt Indenture (Kforce Inc), Subordinated Debt Indenture (Kforce Inc)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.016.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 2 contracts

Sources: Subordinated Debt Indenture (Adelphia Communications Corp), Senior Debt Indenture (Insight Communications Co Inc)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 2 contracts

Sources: Indenture (Wisconsin Public Service Corp), Indenture (Wisconsin Public Service Corp)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities not joining thereinconsenting.

Appears in 2 contracts

Sources: Subordinated Indenture (Gulfmark Offshore Inc), Senior Indenture (Gulfmark Offshore Inc)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 2 contracts

Sources: Indenture Agreement (Cooper Offshore Holdings S.a.r.l.), Indenture (Eaton Corp PLC)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; ; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and and (3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 2 contracts

Sources: Indenture (NSP Financing Ii), Indenture (NSP Financing Ii)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided PROVIDED that: (1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or any supplemental indenture relating to such Securities; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 2 contracts

Sources: Senior Debt Indenture (Triarc Companies Inc), Subordinated Debt Indenture (Triarc Companies Inc)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect Trustee relating to the Securities of such seriesor arising under Section 501, provided that:that in each case (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 2 contracts

Sources: Debt Securities Indenture (Pacific Telesis Financing Iii), Indenture (Pacific Telesis Financing Iii)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect relating to the Securities of such seriesor arising under Section 501, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 2 contracts

Sources: Indenture (Hub International LTD), Indenture (Hub International LTD)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.017.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 1 contract

Sources: Indenture (Michigan Consolidated Gas Co /Mi/)

Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series affected then Outstanding shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of at such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders of the Securities of the affected series not joining thereinin the giving of such direction.

Appears in 1 contract

Sources: First Supplemental Indenture (Pepsiamericas Inc/Il/)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided PROVIDED that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) subject to the provision of Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (United Stationers Supply Co)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the Trustee as to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which which, in its reasonable determination might involve the Trustee it in personal liability or be unduly prejudicial to the Holders of such series not joining therein.

Appears in 1 contract

Sources: Indenture (Amb Property Corp)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01701, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 1 contract

Sources: Indenture (Michigan Consolidated Gas Co /Mi/)

Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly unjustly prejudicial to the rights of the other Holders of Securities not joining thereinin such action.

Appears in 1 contract

Sources: Indenture (Amresco Inc)

Control by Holders. The Holders of not less than a majority in of the 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 series, provided ; PROVIDED that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or the Collateral Documents, (2) subject to Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Notes not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Convergent Communications Inc /Co)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect relating to the Securities of such seriesor arising under Section 501, provided that:that in each case (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee them in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Husky Energy Inc)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1a) such direction shall not be in conflict with any rule of law or with this Indenture; (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 1 contract

Sources: Indenture (Kennametal Inc)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect relating to the Securities of such seriesor arising under Section 501, provided that:that in each case (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Schering Plough Corp)

Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series affected then Outstanding shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.the

Appears in 1 contract

Sources: Indenture (Hussmann International Inc)

Control by Holders. The Subject to sections 6.4, and 11.10, the Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right right, exercisable by Noteholders’ Request, 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, relating to or arising upon an Event of Default with respect to the Securities of such series, Notes; provided that: (1a) such direction shall not be in conflict with any rule of law or with this Note Indenture; (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3c) subject to Section 6.01, the Trustee need not take any action required by such direction which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.liability,

Appears in 1 contract

Sources: Note Indenture (Enterra Energy Trust)

Control by Holders. The Holders of not less than a majority in 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 relating to the Securities of such seriesor arising under Section 501; provided, provided that:however, that in each case (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Notes not joining thereinconsenting, unless the Trustee shall be offered security or indemnity satisfactory to it.

Appears in 1 contract

Sources: Indenture (Nova Chemicals Corp /New)

Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Sasol Financing USA LLC)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Kimberly Clark Corp)

Control by Holders. The Subject to the terms of the Intercreditor Agreement and the Collateral Trust Agreement, the Holders of not less than a majority in 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 series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or the Security Documents, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the any Holders not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Winnebago Industries Inc)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities Notes of any a particular series shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) subject to Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of such series not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Aircastle LTD)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the Trustee as to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which which, in its reasonable determination, might involve the Trustee it in personal liability or be unduly prejudicial to the Holders of such series not joining therein.

Appears in 1 contract

Sources: Indenture (Amb Property Corp)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series 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, with respect to the Securities of such seriesSenior Notes, provided PROVIDED that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 1 contract

Sources: Indenture (Stone Container Corp)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:: 50 44 (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 1 contract

Sources: Senior Debt Indenture (Emmis Television License Corp of Topeka)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; ; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and and (3) subject to Section 6.016.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.. (S)

Appears in 1 contract

Sources: Senior Debt Indenture (Adelphia Communications Corp)

Control by Holders. The Subject to the provisions of Section 6.02(5), the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series 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, with respect to the Securities of such series, provided that: (1a) such direction shall not be in conflict with any rule of law or with this Indenture;, (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.

Appears in 1 contract

Sources: Indenture (Leitesol Industry & Commerce Inc.)

Control by Holders. The Subject to the provisions of the Intercreditor Agreement, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series shall Notes will have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1a) such direction shall will not be in conflict with any rule of law or with this Indenture; (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 1 contract

Sources: Intercreditor, Security and Collateral Agency Agreement (Abraxas Petroleum Corp)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with such Securities; (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3c) subject to Section 6.016.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders of such series not joining thereinconsenting.

Appears in 1 contract

Sources: Trust Indenture (Thomas & Betts Corp)

Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:: 49 44 (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.

Appears in 1 contract

Sources: Senior Debt Indenture (Emmis Television License Corp of Topeka)

Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Outstanding Securities of such series, provided that:in each case (1) such direction shall not be in conflict with any rule of law or with this Indenture;, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) subject to Section 6.01, the Trustee need not take any action which might involve expose the Trustee in to personal liability or be unduly prejudicial to the Holders of Outstanding Securities not joining therein.

Appears in 1 contract

Sources: Indenture (B2gold Corp)

Control by Holders. The Holders of not less than a majority in principal amount Initial 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 series, provided that: (1a) such direction shall not be in conflict with any rule of law or with this Indenture;, (2b) subject to Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.

Appears in 1 contract

Sources: Supplemental Indenture (Sealy Corp)