NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 39 contracts
Sources: Indenture (Green Plains Inc.), Indenture (Cytokinetics Inc), Indenture (Oscar Health, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 8 contracts
Sources: Indenture (Winnebago Industries Inc), Indenture (Innoviva, Inc.), Indenture (Chefs' Warehouse, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 7 contracts
Sources: Indenture (Super Micro Computer, Inc.), Indenture (Super Micro Computer, Inc.), Indenture (Halozyme Therapeutics, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 7 contracts
Sources: Indenture (Oil States International, Inc), Indenture (Halozyme Therapeutics, Inc.), Indenture (Halozyme Therapeutics, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver waiver, consent or consentother action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 7 contracts
Sources: Indenture (Rivian Automotive, Inc. / DE), Indenture (Stem, Inc.), Indenture (Rivian Automotive, Inc. / DE)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 7 contracts
Sources: Indenture (SMART Global Holdings, Inc.), Indenture (Guess Inc), Indenture (SMART Global Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in In determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consentconsent or other action under this Indenture, Notes owned by the Company or any of its Subsidiaries or Affiliates or any Subsidiary of any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consentconsent or other action under this Indenture, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 6 contracts
Sources: Indenture (2U, Inc.), Indenture (Bandwidth Inc.), Indenture (Envista Holdings Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 5 contracts
Sources: Indenture (Lemaitre Vascular Inc), Indenture (Air Transport Services Group, Inc.), Indenture (Varex Imaging Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 4 contracts
Sources: Indenture (Haemonetics Corp), Indenture (Vail Resorts Inc), Indenture (National Vision Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.07, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 4 contracts
Sources: Indenture (Cracker Barrel Old Country Store, Inc), Indenture (Perficient Inc), Indenture (Perficient Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount Original Principal Amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 4 contracts
Sources: Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 4 contracts
Sources: Indenture (Core Scientific, Inc./Tx), Indenture (SoFi Technologies, Inc.), Indenture (Xeris Biopharma Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 3 contracts
Sources: Indenture (Sunpower Corp), Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the . The Trustee is protected in relying on not under any such direction, waiver obligation to monitor or consent, only determine whether any Notes that a Responsible Officer of are owned by the Trustee knows are so owned will be so disregardedCompany or its Affiliates.
Appears in 2 contracts
Sources: Indenture (K2m Group Holdings, Inc.), Indenture (K2m Group Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount number of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 2 contracts
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18Sections 4.06 and 2.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 2 contracts
Sources: Ninth Supplemental Indenture (Tellurian Inc. /De/), Eighth Supplemental Indenture (Tellurian Inc. /De/)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded..
Appears in 1 contract
Sources: Indenture (Inotiv, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (other than any Initial Holder Party) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Company certifies in an Officer’s Certificate to Trustee knows are as so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Company, Holdings or any of its their respective Subsidiaries or Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (SB/RH Holdings, LLC)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.03, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Affiliate Notes owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Progenity, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Sabre Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.06, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstandingOutstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.09, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (other than any Affiliate Note) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Farfetch LTD)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18Sections 3.06 and 2.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.17, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Trust Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Accredited Investor Notes beneficially owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Oscar Health, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.182.13, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: First Supplemental Indenture (Mesa Laboratories Inc /Co)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company Company, the Guarantor or any of its their respective Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Spotify Technology S.A.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee actually knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Bentley Systems Inc)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.07 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (CNX Resources Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section Sections 3.08 and 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.Responsible
Appears in 1 contract
Sources: Indenture (Peabody Energy Corp)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.08, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows has received written notice from the Company certifying that the relevant Notes are so owned by the Company or any of its Affiliates, will be so disregarded.
Appears in 1 contract
Sources: Indenture (NRG Energy, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.07, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (CalAmp Corp.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver waiver, consent or consentother action under this Indenture, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver waiver, consent or consentother action, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Post Holdings, Inc.)
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.18, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates (including, for the avoidance of doubt, Affiliate Notes beneficially owned by any of the Company’s Affiliates) will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
NOTES HELD BY THE COMPANY OR ITS AFFILIATES. Without limiting the generality of Section 2.183.09, in determining whether the Holders of the required aggregate principal amount of Notes have concurred in any direction, waiver or consent, Notes owned by the Company or any of its Affiliates will be deemed not to be outstanding; provided, however, that, for purposes of determining whether the Trustee is protected in relying on any such direction, waiver or consent, only Notes that a Responsible Officer of the Trustee knows are so owned will be so disregarded.
Appears in 1 contract
Sources: Indenture (Farfetch LTD)