Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that (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 that is not inconsistent with such direction, and (3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 29 contracts
Sources: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)
Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; provided , provided, that
(1) such direction shall not be in conflict with any rule of law or with this Indenture,
(2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Holders not taking part in such direction, and
(3) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 12 contracts
Sources: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Doskocil Manufacturing Co Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount at maturity of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 9 contracts
Sources: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3c) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consentingjoining therein.
Appears in 7 contracts
Sources: First Supplemental Indenture (KCS Energy Inc), Indenture (Nuevo Energy Co), Indenture (Willcox & Gibbs Inc /De)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 7 contracts
Sources: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 7 contracts
Sources: Indenture (China Mobile Hong Kong LTD), Indenture (Saul B F Real Estate Investment Trust), Guarantee Agreement (Tyco International LTD /Ber/)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture,
(2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction,
(3) such direction is not unduly prejudicial to the rights of other Holders, and
(34) such direction would not involve the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consentingliability.
Appears in 7 contracts
Sources: Indenture (Modine Manufacturing Co), Indenture (Cellular Dynamics International, Inc.), Indenture (Cellular Dynamics International, Inc.)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series; provided provided, however, 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 that which is not inconsistent with such direction,
(3) such direction is not unduly prejudicial to the rights of Holders not taking part in such direction, and
(34) such direction would not involve the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consentingliability.
Appears in 6 contracts
Sources: Indenture (Ford Motor Co), Indenture (Ford Motor Credit Co LLC), Indenture (Ford Motor Co)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided PROVIDED, that
(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 that is not inconsistent with such direction, ; and
(3) the Trustee need such direction is not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the rights of the other Holders of Securities not consentingjoining in such action.
Appears in 6 contracts
Sources: Indenture (Fleetwood Enterprises Inc/De/), Indenture (Fleetwood Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; Trustee with respect to the Securities, provided that
(1) that such direction shall not be in conflict with any rule of law or with this Indenture,
(2) . Subject to Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee shall reasonably determine, in good faith, that the action or proceeding so directed would be unjustly prejudicial to any Holders not joining in such direction or would involve the Trustee in any personal liability unless indemnified to its reasonable satisfaction, and the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 4 contracts
Sources: Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3c) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 4 contracts
Sources: Indenture (Baytex Energy LTD), Indenture (CFP Holdings Inc), Indenture (Tri State Outdoor Media Group Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3c) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consentingjoining therein.
Appears in 4 contracts
Sources: Indenture (Cross Timbers Oil Co), Indenture (Flores & Rucks Inc /De/), Indenture (Ocean Energy Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 4 contracts
Sources: Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , provided 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consenting.
Appears in 4 contracts
Sources: Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , provided that
(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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 3 contracts
Sources: Indenture (Pathnet Inc), Indenture (Fleming Companies Inc /Ok/), Indenture (Scovill Holdings Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided 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 that which is not inconsistent with such direction, ; and
(3c) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consentingjoining therein.
Appears in 3 contracts
Sources: Indenture (Pogo Producing Co), Indenture (Pogo Producing Co), Indenture (Pogo Producing Co)
Control by Holders. The Holders of a majority in aggregate principal amount Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that:
(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 that which is not inconsistent with such direction, ; and
(3iii) the Trustee need not take may refuse to follow any action which might involve it in personal liability or be unjustly direction that the Trustee determines is unduly prejudicial to the Holders not consentingrights of any other Holder or that would expose the Trustee to personal liability.
Appears in 2 contracts
Sources: Indenture (Convergys Corp), Indenture (Convergys Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 2 contracts
Sources: Indenture (Xerox Corp), Indenture (Xerox Corp)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; Trustee with respect to the Securities, provided that
(1) that such direction shall not be in conflict with any rule of law or with this Indenture,
(2) , subject to Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee shall reasonably determine, in good faith, that the action or proceeding so directed would be unjustly prejudicial to any Holders not joining in such direction or would involve the Trustee in any personal liability unless indemnified to its reasonable satisfaction, and the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 2 contracts
Sources: Indenture (National Rural Utilities Cooperative Finance Corp /Dc/), Indenture (National Rural Utilities Cooperative Finance Corp /Dc/)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture,; and
(2ii) the Trustee may take refuse to follow any other action deemed proper by such direction that the Trustee that determines is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consentingrights of any other Holder or that would involve the Trustee in personal liability.
Appears in 2 contracts
Sources: Indenture (GMX Resources Inc), Indenture (Patriot Coal CORP)
Control by Holders. The Holders of not less than a majority in aggregate principal amount at maturity of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 2 contracts
Sources: Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided that
, PROVIDED that (1a) such direction shall not be in conflict with any rule of law or with this Indenture,
Indenture (2including, without limitation, Section 507) or any Guarantee, expose the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such directionto personal liability, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consenting.joining therein; and
Appears in 2 contracts
Sources: Exhibit (Brooks Pharmacy, Inc.), Exhibit (Brooks Pharmacy, Inc.)
Control by Holders. The Holders of not less than a majority in aggregate principal amount at maturity of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 2 contracts
Sources: Restructuring Agreement (Upc Polska Inc), Indenture (Entertainment Inc)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided provided, that
(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 that which is not inconsistent with such direction, and.
(3) subject to Section 6.01, the Trustee need not take any action which that might involve it the Trustee in personal liability or be unjustly unduly prejudicial to the Holders not consentingjoining therein.
Appears in 2 contracts
Sources: Indenture (Continental Airlines Inc /De/), Indenture (Hanover Compressor Capital Trust)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , provided that
(1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or any Security,
(2) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction, and
(3) the Trustee need not take any action which that might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 2 contracts
Sources: Senior Indenture (Teligent Inc), Subordinated Indenture (Teligent Inc)
Control by Holders. The Holders of a majority in aggregate principal amount Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that:
(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 that which is not inconsistent with such direction, ; and
(3c) the Trustee need not take any action which might involve it them in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 2 contracts
Sources: Indenture (Endeavour Silver Corp), Indenture (Endeavour Silver Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , provided that
(1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or any Note,
(2) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction, and
(3) the Trustee need not take any action which that might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 2 contracts
Control by Holders. The Subject to Section 6.3, the Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture,, and
(2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which that might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, andand 52 60
(3c) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Sources: Indenture (Safety Kleen Corp/)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture,; and
(2ii) the Trustee may take refuse to follow any such direction that the Trustee determines is unduly prejudicial to the rights of any other action deemed proper by Holder or that would involve the Trustee in personal liability;
(iii) it being understood that is not inconsistent the Trustee shall be entitled to the protections provided to it under Sections 9.01(b)(iii) and 9.01(c) in connection with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Sources: Indenture (Power One Inc)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that
(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 that which is not inconsistent with such directiondirection or this Indenture, and
(3c) the Trustee need not take any action which might involve shall have been provided with indemnity satisfactory to it in personal liability or be unjustly prejudicial to the Holders not consentingits sole discretion.
Appears in 1 contract
Sources: Indenture (Virgin Media Inc.)
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided 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 that is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Sources: Indenture (Centurylink, Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided , 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 that which is not inconsistent with such direction, and
(3c) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Sources: Indenture (Baytex Energy LTD)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall shall, have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided , 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 that which is not inconsistent with such direction, ; and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consentingjoining therein.
Appears in 1 contract
Control by Holders. The Subject to Section 10.03(d), the Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture,; and
(2ii) the Trustee may take refuse to follow any other action deemed proper by such direction that the Trustee that determines is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly unduly prejudicial to the Holders not consentingrights of any other Holder or that would involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that
(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 that is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consentingtaking part in such action; and
(3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction.
Appears in 1 contract
Sources: Indenture (Durango Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided thatprovided, that 66 -57-
(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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding then outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on upon the Trustee; , 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 shall not determine that the action deemed proper by the Trustee that is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or so directed would be unjustly prejudicial to the Holders not consenting.taking part in such direction or that such action may involve the Trustee in personal liability, and
Appears in 1 contract
Sources: Indenture (Transtexas Gas Corp)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Sources: Indenture (Valujet Inc)
Control by Holders. The Holders of at least a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , with respect to the Securities, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture,, expose the Trustee to personal liability or be unduly prejudicial to Holders not joining therein, and
(2) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve it in personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Sources: Indenture (Blount International Inc)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; , 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 that which is not inconsistent with such direction, and
(3) the Trustee need not take any action which might involve subject it in to personal liability or be unjustly prejudicial to the Holders not consenting.
Appears in 1 contract
Sources: Indenture (510152 N B LTD)
Control by Holders. The Holders of a majority in aggregate principal amount Original Principal Amount of the Outstanding Securities shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that
(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 that which is not inconsistent with such directiondirection or this Indenture, and
(3c) the Trustee need not take any action which might involve shall have been provided with indemnity satisfactory to it in personal liability or be unjustly prejudicial to the Holders not consentingits sole discretion.
Appears in 1 contract
Sources: Indenture (Hercules Offshore, Inc.)