Common use of When Notes Disregarded Clause in Contracts

When Notes Disregarded. In determining whether the Holders of the requisite principal amount of the Notes have given, made or taken any request, demand, authorization, direction, notice, consent, waiver or other Act hereunder as of any date, Notes owned by the Issuers or any other obligor upon the Notes or any Affiliate of either Issuer or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver or other action, only Notes which a Trust Officer of the Trustee actually knows to be so owned shall be so disregarded. Notes so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to such Notes and that the pledgee is not an Issuer or any other obligor upon the Notes or any Affiliate of an Issuer or of such other obligor. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders holders of the requisite principal amount of the Notes have given, made or taken any request, demand, authorization, direction, notice, consent, waiver or other Act hereunder as of any date, Notes owned by the Issuers Issuer or any other obligor upon the Notes or any Affiliate of either the Issuer or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver or other action, only Notes which a Trust Officer of the Trustee actually knows to be so owned shall be so disregarded. Notes so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes Issuer certifies to the satisfaction of the Trustee in an Officers’ Certificate the pledgee’s right so to act with respect to such Notes and that the pledgee is not an the Issuer or any other obligor upon the Notes or any Affiliate of an the Issuer or of such other obligor. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders of the requisite principal amount of the Notes have given, made or taken any request, demand, authorization, direction, notice, consent, waiver or other Act hereunder as of any date, Notes owned by the Issuers or any other obligor upon the Notes or any Affiliate of either Issuer or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver or other action, only Notes which a Trust Officer of the Trustee actually knows to be so owned shall be so disregarded. Notes so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes Issuers certify to the satisfaction of the Trustee in an Officers’ Certificate the pledgee’s right so to act with respect to such Notes and that the pledgee is not an Issuer or any other obligor upon the Notes or any Affiliate of an Issuer or of such other obligor. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders of the requisite principal amount of the Notes have given, made or taken any request, demand, authorization, direction, notice, consent, waiver or other Act hereunder as of any date, Notes owned by the Issuers Issuer or any other obligor upon the Notes or any Affiliate of either the Issuer or such other obligor shall be disregarded and deemed not to be outstanding, except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver or other action, only Notes which a Trust Officer of the Trustee actually knows to be so owned shall be so disregarded. Notes so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes Issuer certifies to the satisfaction of the Trustee in an Officers’ Certificate the pledgee’s right so to act with respect to such Notes and that the pledgee is not an the Issuer or any other obligor upon the Notes or any Affiliate of an the Issuer or of such other obligor. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determination.

When Notes Disregarded. In determining whether the Holders of the requisite required principal amount of the Notes have given, made concurred in any declaration of acceleration or taken any request, demand, authorization, notice of default or direction, notice, consent, waiver or consent or any amendment, modification or other Act hereunder as of any datechange to this Indenture, Notes owned by the Issuers Issuer or any other obligor upon the Notes or any Affiliate of either the Issuer or such other obligor shall be disregarded and deemed as though they were not to be outstanding, except that, in that for the purposes of determining whether the Trustee shall be protected in relying upon on any such request, demand, authorization, direction, notice, consent, waiver or consent or any amendment, modification or other actionchange to this Indenture, only Notes as to which a Trust Responsible Officer of the Trustee actually knows to be has received an Officer’s Certificate stating that such Notes are so owned shall be so disregarded. Notes so owned which have been pledged in good faith may shall not be regarded as outstanding disregarded if the pledgee establishes established to the satisfaction of the Trustee the pledgee’s right to so to act with respect to such the Notes and that the pledgee is not an Issuer or the Issuer, a Subsidiary Guarantor, any other obligor upon on the Notes or any Affiliate of an Issuer or of such other obligor. Subject to the foregoing, only Notes outstanding at the time shall be considered in any such determinationtheir respective Affiliates.