Control by Securityholders. The holders of a majority in aggregate principal amount of the Securities of any series at the time Outstanding, determined in accordance with Section 8.04, 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 such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or subject the Trustee in its sole discretion to personal
Appears in 2 contracts
Sources: Indenture (Rocket Lab USA, Inc.), Indenture (Biocept Inc)
Control by Securityholders. The holders of a majority in aggregate principal amount of the Securities of any series at the time Outstanding, determined in accordance with Section 8.048.4, 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 such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or subject the Trustee in its sole discretion to personalthis
Appears in 1 contract
Sources: Indenture (Sun Healthcare Group Inc)
Control by Securityholders. The holders of a majority in aggregate principal amount of the Securities of any series at the time Outstanding, determined in accordance with Section 8.04, 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 such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or subject the Trustee in its sole discretion to personalof
Appears in 1 contract
Sources: Indenture (Bird Global, Inc.)
Control by Securityholders. The holders Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series at the time Outstanding, determined in accordance with Section 8.04, 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 Securities of such series; , provided, however, that that,
(1) such direction shall not be in conflict with any rule of law or with this Indenture or subject Indenture, and could not involve the Trustee in its sole discretion to personalpersonal liability in circumstances where reasonable indemnity would not be adequate, and
Appears in 1 contract
Sources: Indenture (Meritor Automotive Inc)
Control by Securityholders. The holders of a majority in aggregate principal amount of the Securities of any series at the time Outstanding, determined in accordance with Section 8.048.4, 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 such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or subject be unduly prejudicial to the Trustee rights of holders of Securities of any other series at the time Outstanding determined in its sole discretion to personalaccordance with Section
Appears in 1 contract
Sources: Indenture (Noram Financing Ii)
Control by Securityholders. The holders of a majority in aggregate principal amount of the Securities of any series at the time Outstanding, determined in accordance with Section 8.048.01, 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 such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or subject the Trustee in its sole discretion to personalon
Appears in 1 contract
Sources: Indenture (Vaxgen Inc)