Access to Lists of Holders. 2.19.1 The register of Holders of Debentures maintained by the Indenture Trustee will, at all reasonable times, be open for inspection by the Company. 2.19.2 If three or more Holders or Beneficial Holders (hereinafter referred to as “Applicants”) apply in writing to the Indenture Trustee, and furnish the Indenture Trustee reasonable proof that each such Applicant has owned of record or beneficially a Debenture for a period of at least six months preceding the date of such application, and such application states that the Applicants desire to communicate with other Holders or Beneficial Holders with respect to their rights under this Indenture or under the Debentures and is accompanied by a copy of the form of proxy or other communication which such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, at its election, either: (a) afford such Applicants access to the information in respect of such Debentures maintained at the time by the Indenture Trustee in accordance with subsection 2.8.1; or (b) inform such Applicants as to the approximate number of Holders whose names and addresses appear in the information maintained at the time by the Indenture Trustee in accordance with subsection 2.8.1 and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. 2.19.3 Every Holder, by receiving and holding the same, agrees with the Company and the Indenture Trustee that neither the Company nor the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders in accordance with subsection 2.19.2, regardless of the source from which such information was derived. 2.19.4 The Indenture Trustee shall not be obliged to recognize an Applicant who is a Beneficial Holder as a Person entitled to rights under this Section 2.19 unless the application under subsection 2.19.2 of such Applicant is accompanied by a duly executed proxy or power of attorney from the registered Holder through whom such Applicant holds its beneficial interest in the Debentures, and a proxy or power of attorney from each Participant who is an intermediary between such registered Holder and such Applicant, naming such Applicant as the proxy or attorney of the registered Holder with full power and authority on behalf of such Holder to exercise all rights of such Holder and receive all information due to such Holder pursuant to this Section 2.19.
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Sources: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)
Access to Lists of Holders. 2.19.1 The register of Holders of Debentures maintained by the Indenture Trustee will, at all reasonable times, be open for inspection by the Company.
2.19.2 If three or more Holders Debentureholders or Beneficial Holders (hereinafter referred to as “Applicants”) apply in writing to the Indenture Trustee, and furnish the Indenture Trustee reasonable proof that each such Applicant has owned of record or beneficially a Debenture for a period of at least six months preceding the date of such application, and such application states that the Applicants desire to communicate with other Holders Debentureholders or Beneficial Holders with respect to their rights under this Indenture or under the Debentures and is accompanied by a copy of the form of proxy or other communication which such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, at its election, either:
(a) afford such Applicants access to the information in respect of such Debentures maintained at the time by the Indenture Trustee in accordance with subsection 2.8.12.15.1; or
(b) inform such Applicants as to the approximate number of Holders Debentureholders whose names and addresses appear in the information maintained at the time by the Indenture Trustee in accordance with subsection 2.8.1 2.15.1 and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application.
2.19.3 If the Indenture Trustee shall elect not to afford such Applicants access to such information, the Indenture Trustee shall, upon the written request of such Applicants, mail to each Debentureholder whose name and address appear in the information maintained at the time by the Indenture Trustee in accordance with subsection 2.15.1, a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Indenture Trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of mailing, unless within five days after such tender, the Indenture Trustee shall mail to such Applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Indenture Trustee, such mailing would be contrary to the best interests of said Holders or would be in violation of Applicable Law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Indenture Trustee shall mail copies of such material to all such Holders with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Indenture Trustee shall be relieved of any obligation or duty to such Applicants respecting their application.
2.19.4 Every HolderDebentureholder, by receiving and holding the same, agrees with the Company and the Indenture Trustee that neither the Company nor the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders in accordance with subsection 2.19.2, regardless of the source from which such information was derived, and that neither the Indenture Trustee nor the Company shall be held accountable by reason of mailing any material pursuant to a request made under subsection 2.19.3.
2.19.4 2.19.5 The Indenture Trustee shall not be obliged to recognize an Applicant who is a Beneficial Holder as a Person entitled to rights under this Section 2.19 unless the application under subsection 2.19.2 of such Applicant is accompanied by a duly executed proxy or power of attorney from the registered Holder through whom such Applicant holds its beneficial interest in the Debentures, and a proxy or power of attorney from each Participant who is an intermediary between such registered Holder and such Applicant, naming such Applicant as the proxy or attorney of the registered Holder with full power and authority on behalf of such Holder to exercise all rights of such Holder and receive all information due to such Holder pursuant to this Section 2.19.
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