Common use of Instruments in Writing Clause in Contracts

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 may also be taken and exercised (a) by the Holders of a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (b) by the Holders of not less than 662/3% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Indenture (Student Transportation Inc.), Student Transportation Inc.

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Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 9 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 14 may also be taken and exercised (ai) by the Holders of a majority in 66 2/3% of the principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/390% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 11 may also be taken and exercised (ai) by the Holders of a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: webfiles.thecse.com, webfiles.thecse.com

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 9 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)

Instruments in Writing. All Except as otherwise required by Applicable Laws, all actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 ARTICLE 12 may also be taken and exercised (ai) by the Holders of a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/375% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 7 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Warrant Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Alliance Trust Company, Alliance Trust Company

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 7 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/366 2/3% in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Warrant Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Warrant Indenture (C21 Investments Inc.)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 10 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indenture (C21 Investments Inc.)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 14 may also be taken and exercised (ai) by the Holders of a majority in 66 2/3% of the principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/3at least 91% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture Debenture shall include an instrument so signed.

Appears in 1 contract

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 9 may also be taken and exercised (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: webfiles.thecse.com

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 7 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Warrant Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Warrant Indenture (C21 Investments Inc.)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 14 may also be taken and exercised (ai) by the Holders of a majority in 66 2/3% of the principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/385% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 7 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression "Extraordinary Resolution" when used in this Warrant Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Warrant Indenture (C21 Investments Inc.)

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Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 12 may also be taken and exercised (ai) by the Holders of a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: webfiles.thecse.com

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders and holders of Series Debentures at a meeting held as hereinbefore in this Article 13 9 may also be taken and exercised (ai) by the Holders of of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of of, collectively, not less than 662/36⅔6 % in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indenture

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Receiptholders at a meeting held as hereinbefore provided in this Article 13 7 may also be taken and exercised (a) by the Holders of a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders Receiptholders in person or their by attorney duly appointed proxies or agents in writing, (a) holding at least a majority of then-outstanding Subscription Receipts with respect to resolutions which are a resolution that is not a Extraordinary Resolutions Resolution, and the expression "resolution" when used not as part of "Extraordinary Resolution " in this Agreement shall include an instrument so signed, and (b) by the Holders holding at least sixty-six and two-thirds percent (66 2/3%) of not less than 662/3% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents then outstanding Subscription Receipts with respect to resolutions which are an Extraordinary Resolutions Resolution, and the expression "Extraordinary Resolution" when used in this Indenture Agreement shall include an instrument so signed.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Bellatrix Exploration Ltd.)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 15 may also be taken and exercised (ai) by the Holders of at least a majority in aggregate principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents (mandataries) with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/3% seventy-five percent (75%) in aggregate principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents (mandataries) with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indenture

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 8 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures Warrants by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression "Extraordinary Resolution" when used in this Warrant Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Warrant Indenture (C21 Investments Inc.)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders and holders of Series Debentures at a meeting held as hereinbefore in this Article 13 9 may also be taken and exercised (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Odyssey Trust Company

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders and holders of Series Debentures at a meeting held as hereinbefore in this Article 13 9 may also be taken and exercised (ai) by the Holders of of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Odyssey Trust Company (CLS Holdings USA, Inc.)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 9 may also be taken and exercised exercised: (ai) by the Holders of holders of, collectively, a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of holders of, collectively, not less than 662/3% 66⅔% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Alliance Trust Company

Instruments in Writing. All Except as otherwise required by Applicable Laws, all actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore in this Article 13 12 may also be taken and exercised (ai) by the Holders of a majority in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are not Extraordinary Resolutions and (bii) by the Holders of not less than 662/375% in principal amount of Outstanding Debentures by an instrument in writing signed in one or more counterparts by such Holders or their duly appointed proxies or agents with respect to resolutions which are Extraordinary Resolutions and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Golden Star Resources LTD

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