Common use of Notes Held by Company, Etc Clause in Contracts

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes or the Guaranty, or have directed the taking of any action provided herein or in the Notes or in the Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any of their respective Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Sources: Note Purchase Agreement (Agree Realty Corp), Note Purchase Agreement (Agree Realty Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes Notes, the Subsidiary Guaranty, the Intercreditor Agreement or the Guarantyany other Transaction Document, or have directed the taking of any action provided herein or herein, in the Notes Notes, the Subsidiary Guaranty, the Intercreditor Agreement or in the Guaranty any other Transaction Document to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 2 contracts

Sources: Second Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co), Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes Agreement or the GuarantyNotes, or have directed the taking of any action provided herein or in the Notes or in the Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company Guarantor or any of their respective its Subsidiaries (including, without limitation, the Company) or any of the Affiliates of the Parent Guarantor shall be deemed not to be outstanding.

Appears in 2 contracts

Sources: Note Purchase Agreement (West Marine Inc), Note Purchase Agreement (Woodhead Industries Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this AgreementAgreement (including any Supplement), the Notes or the Guaranty, or have directed the taking of any action provided herein (including any Supplement) or in the Notes or in the Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any of their respective Affiliates shall be deemed not to be outstanding.. Agree Limited Partnership Uncommitted Master Note Facility

Appears in 2 contracts

Sources: $100,000,000 Uncommitted Master Note Facility (Agree Realty Corp), $100,000,000 Uncommitted Master Note Facility (Agree Realty Corp)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes Notes, the Parent Guaranty or the Guaranty, or Subsidiary Guaranty have directed the taking of any action provided herein or in the Notes Notes, the Parent Guaranty or in the Subsidiary Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent GuarantorCompany or any of its Subsidiaries (including, without limitation, the Company Company), or any of their respective Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Sources: Note Purchase Agreement (Penn Virginia Resource Partners L P)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes or the Parent Guaranty, or have directed the taking of any action provided herein or in the Notes or in the Parent Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any of their respective Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Sources: Note Purchase Agreement (Mid America Apartment Communities Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the and/or holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes any Subsidiary Guaranty or the GuarantyNotes, or have directed the taking of any action provided herein or in any Subsidiary Guaranty or the Notes or in the Guaranty to be taken upon the direction of the Purchasers and/or holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Sources: Note Purchase Agreement (SJW Group)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this MSC Industrial Direct Co., Inc. Note Purchase and Private Shelf Agreement Agreement, the Notes Subsidiary Guaranty or the GuarantyNotes, or have directed the taking of any action provided herein or in the Subsidiary Guaranty or the Notes or in the Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any of their respective its Affiliates shall be deemed not to be outstanding.

Appears in 1 contract

Sources: Private Shelf Agreement (MSC Industrial Direct Co Inc)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes or the Guarantyany Subsidiary Guarantee Deed, or have directed the taking of any action provided herein or in the Notes or in the Guaranty any Subsidiary Guarantee Deed to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent GuarantorCompany, the Company Parent Guarantor or any of their respective its Affiliates or any Competitor shall be deemed not to be outstanding.

Appears in 1 contract

Sources: Note Purchase and Guarantee Agreement (Markit Ltd.)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes Springing Parent Guaranty, any Subsidiary Guaranty or the GuarantyNotes, or have directed the taking of any action provided herein or in the Springing Parent Guaranty, any Subsidiary Guaranty or the Notes or in the Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any of their respective Affiliates Affiliate shall be deemed not to be outstanding.

Appears in 1 contract

Sources: Note Purchase Agreement (Kite Realty Group, L.P.)

Notes Held by Company, Etc. Solely for the purpose of determining whether the Purchasers or the holders of the requisite percentage of the aggregate principal amount of Notes then outstanding approved or consented to any amendment, waiver or consent to be given under this Agreement, the Notes any Note Guaranty or the GuarantyNotes, or have directed the taking of any action provided herein or in any Note Guaranty or the Notes or in the Guaranty to be taken upon the direction of the holders of a specified percentage of the aggregate principal amount of Notes then outstanding, Notes directly or indirectly owned by the Parent Guarantor, the Company or any Affiliate that is under the direct or indirect control of their respective Affiliates Parent Guarantor or Company shall be deemed not to be outstanding.

Appears in 1 contract

Sources: Master Note Purchase Agreement (Safehold Inc.)