Common use of Control by Majority Clause in Contracts

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 39 contracts

Sources: Indenture (Progress Software Corp /Ma), Indenture (Winnebago Industries Inc), Indenture (Better Home & Finance Holding Co)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 28 contracts

Sources: Indenture (DigitalOcean Holdings, Inc.), Indenture (IREN LTD), Indenture (Life360, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or thator, subject to Section 10.01Sections 7.1 and 7.2, that the Trustee determines may be is unduly prejudicial to the rights of the other Holders or may would involve the Trustee in personal liability. Prior to taking any action hereunder, unless the Trustee is offered security and indemnity shall be entitled to indemnification satisfactory to the Trustee it in its sole discretion against any loss, liability all losses and expenses caused by taking or expense to the Trustee that may result from the Trustee’s following not taking such directionaction.

Appears in 11 contracts

Sources: Indenture (DENVER PARENT Corp), Indenture (TexCal Energy (LP) LLC), Indenture (Venoco, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the number of Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered offered, and, if requested, provided security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 8 contracts

Sources: Indenture (Netskope Inc), Indenture (Netskope Inc), Indenture (Netskope Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. In case an Event of Default has occurred and is continuing, unless prior to taking any action hereunder, the Trustee is offered security and indemnity satisfactory shall be entitled to the Trustee reasonable indemnification against any all loss, liability and expenses caused by the taking or expense to the Trustee that may result from the Trustee’s following not taking of such directionaction.

Appears in 8 contracts

Sources: First Supplemental Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC)

Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or thator, subject to Section 10.017.01, that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder or may that would involve the Trustee in personal liability. Prior to taking any action under this Indenture, unless the Trustee is offered security and indemnity shall be entitled to indemnification satisfactory to the Trustee it in its sole discretion against any loss, liability all losses and expenses caused by taking or expense to the Trustee that may result from the Trustee’s following not taking such directionaction.

Appears in 7 contracts

Sources: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding may are given the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be in good faith is unduly prejudicial to the rights of any other Holders Holder, is otherwise contrary to applicable law, or may that would involve the Trustee in liability, unless personal liability or expense for which the Trustee is offered has not received an indemnity or security and indemnity satisfactory to the Trustee against any loss, liability or expense satisfactory to it, and the Trustee that may result take any other action it deems proper which is not inconsistent with any such direction received from the Trustee’s following such directionHolders.

Appears in 6 contracts

Sources: Indenture (Tesla, Inc.), Indenture, Indenture (Micron Technology Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 4 contracts

Sources: Indenture (Oscar Health, Inc.), Indenture (SB/RH Holdings, LLC), Indenture (Rexford Industrial Realty, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 4 contracts

Sources: Indenture (CNX Resources Corp), Indenture (Aegerion Pharmaceuticals, Inc.), Indenture (Realogy Group LLC)

Control by Majority. Holders of a majority in aggregate principal amount of the total outstanding Notes then outstanding may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee under this Indenture or of exercising any trust or power conferred on it. However, the Trustee under this Indenture. The Trustee, however, may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of a Note or may that would involve the Trustee in personal liability. Prior to taking any action hereunder, unless the Trustee is offered security and indemnity shall be entitled to indemnification satisfactory to the Trustee it against any all loss, liability and expense caused by taking or expense to the Trustee that may result from the Trustee’s following not taking such directionaction.

Appears in 4 contracts

Sources: Indenture (Uniti Group Inc.), Indenture (Communications Sales & Leasing, Inc.), Indenture (Communications Sales & Leasing, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder or may that would involve the Trustee in personal liability. Prior to taking any action under this Indenture, unless the Trustee is offered shall be entitled to security and indemnity or indemnification satisfactory to the Trustee it in its sole discretion against any lossall losses, liability or expense to the Trustee liabilities and expenses that may result from the Trustee’s following be caused by taking or not taking such directionaction.

Appears in 4 contracts

Sources: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/)

Control by Majority. Holders of a majority in aggregate principal amount Original Principal Amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 4 contracts

Sources: Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 3 contracts

Sources: First Supplemental Indenture (Cipher Mining Inc.), First Supplemental Indenture (Solaris Energy Infrastructure, Inc.), First Supplemental Indenture (Nikola Corp)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 3 contracts

Sources: Indenture (Halozyme Therapeutics, Inc.), Indenture (Halozyme Therapeutics, Inc.), Indenture (Halozyme Therapeutics, Inc.)

Control by Majority. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes then outstanding may 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 it. Howeverthe Trustee, provided, however, that the Trustee may refuse to follow any direction (a) that conflicts with lawany rule of law or this Indenture, this Indenture or the Notes, or that, subject to Section 10.01, (b) that the Trustee determines may be unduly prejudicial to the rights of other Holders another Noteholder, or (c) that may involve expose the Trustee in liability, to personal liability unless the Trustee is offered security has been provided reasonable indemnity against any loss or expense caused by its following such direction; and indemnity satisfactory to provided, further, that the Trustee against may take any loss, liability or expense to other action deemed proper by the Trustee that may result from the Trustee’s following is not inconsistent with such direction.

Appears in 3 contracts

Sources: Indenture (Prime Succession Inc), Indenture (Rose Hills Co), Indenture (Telegroup Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may direct in writing 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 2 contracts

Sources: Indenture (Better Home & Finance Holding Co), Exchange Agreement (Better Home & Finance Holding Co)

Control by Majority. Majority Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 itit under this Indenture. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 2 contracts

Sources: Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Rooster HoldCo, Ltd.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Notes Securities then outstanding may 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 itit with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with lawlaw or this Indenture, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be is unduly prejudicial to the rights of other Holders or may would involve the Trustee in liability, personal liability unless the Trustee is offered security and indemnity satisfactory to the Trustee it against any cost, loss, liability or expense to expense; provided that the Trustee may take any other action deemed proper by the Trustee that may result from the Trustee’s following is not inconsistent with such direction.

Appears in 2 contracts

Sources: Indenture (NortonLifeLock Inc.), Indenture (NortonLifeLock Inc.)

Control by Majority. Holders of a majority more than fifty percent (50%) in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 2 contracts

Sources: Indenture (K2m Group Holdings, Inc.), Indenture (K2m Group Holdings, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered offered, and, if requested, provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 2 contracts

Sources: Indenture, Indenture (Coherus BioSciences, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 2 contracts

Sources: Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 2 contracts

Sources: Indenture (Bloomin' Brands, Inc.), Indenture (Guess Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered offered, and, if requested, provided, security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 2 contracts

Sources: First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), First Supplemental Indenture (Xeris Pharmaceuticals Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding Outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.01 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: First Supplemental Indenture (Tilray Brands, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, the law or this Indenture or that the NotesTrustee, or thatin its sole discretion, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in liability, unless personal liability or the Trustee is offered security and indemnity satisfactory to determines that it does not have adequate indemnification against any loss or expense; provided that the Trustee against may take any loss, liability or expense to other action deemed proper by the Trustee that may result from the Trustee’s following which is not inconsistent with such direction.

Appears in 1 contract

Sources: Indenture (Envirosource Inc)

Control by Majority. The Majority Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (Maxeon Solar Technologies, Ltd.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.. ​ ​ ​ ​

Appears in 1 contract

Sources: Indenture (Inotiv, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it, subject to Section 11.02(f). However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and and/or indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (Boston Properties LTD Partnership)

Control by Majority. Holders of a majority in more than 50% of the aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (Innoviva, Inc.)

Control by Majority. The Majority Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered offered, and if requested, provided security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).

Appears in 1 contract

Sources: Indenture (Edgio, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01the terms of the Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: First Supplemental Indenture (Collegium Pharmaceutical, Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Notes Securities then outstanding may 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 itit with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with lawlaw or this Indenture, this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders another Holder or the Trustee, or that may involve the Trustee in liability, personal liability unless the Trustee is offered indemnity or security and indemnity reasonably satisfactory to the Trustee against any loss, liability or expense to the Trustee to institute such proceeding as Trustee ; provided that the Trustee may result from take any other action deemed proper by the Trustee’s following Trustee which is not inconsistent with such direction.

Appears in 1 contract

Sources: Indenture (Rambus Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.0111.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: First Supplemental Indenture (Centennial Resource Development, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or that, subject to Section 10.01, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. In case an Event of Default has occurred and is continuing, unless prior to taking any action hereunder, the Trustee is offered security and indemnity satisfactory to shall be furnished reasonable indemnification from the Trustee Holders of the Notes against any all loss, liability and expenses caused by the taking or expense to the Trustee that may result from the Trustee’s following not taking of such directionaction.

Appears in 1 contract

Sources: Indenture (Linn Energy, LLC)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (Air Transport Services Group, Inc.)

Control by Majority. The Required Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (BigCommerce Holdings, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Notes then at the time outstanding may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, law or this Indenture or the Notes, or thator, subject to Section 10.018.1, that the Trustee determines may be is unduly prejudicial to the rights of other Holders or may would potentially involve the Trustee in personal liability. Prior to taking any action hereunder, unless the Trustee is offered security and indemnity shall be entitled to indemnification satisfactory to the Trustee in its reasonable discretion against any loss, liability all losses and expenses caused by taking or expense to the Trustee that may result from the Trustee’s following not taking such directionaction.

Appears in 1 contract

Sources: Indenture (Stillwater Mining Co /De/)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section ‎Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (Ani Pharmaceuticals Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.017.1 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such directiondirection (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder).

Appears in 1 contract

Sources: First Supplemental Indenture (Gossamer Bio, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01‎Section 7.01 of the Base Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: First Supplemental Indenture (Celcuity Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01‎Section 11.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability cost, liability, damage, fee or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (Hertz Corp)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered offered, and if requested, provided ‌ ​ ​ ​ security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: Indenture (Vertex, Inc.)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section ‎Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered (and, if requested, provided with) security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: First Supplemental Indenture (AeroVironment Inc)

Control by Majority. Holders of a majority in aggregate principal amount of the Notes then outstanding may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law, this the Indenture or the Notes, or that, subject to Section 10.01, the Trustee determines may be unduly prejudicial to the rights of other Holders or may involve the Trustee in liability, unless the Trustee is offered security and indemnity satisfactory to the Trustee against any loss, liability or expense to the Trustee that may result from the Trustee’s following such direction.

Appears in 1 contract

Sources: First Supplemental Indenture (Cheesecake Factory Inc)