Common use of Acts of Certificateholders Clause in Contracts

Acts of Certificateholders. (a) Any direction, consent, waiver or other action provided by this Agreement in respect of the Certificates of any series to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreement, to the Company or any Loan Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such Trust Supplement and conclusive in favor of the Trustee, the Company and the related Loan Trustee, if made in the manner provided in this Section.

Appears in 9 contracts

Samples: Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Corp)

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Acts of Certificateholders. (a) a)......Any direction, consent, waiver or other action provided by this Agreement in respect of the Certificates of any series to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreement, to the Company or any Loan Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such Trust Supplement this Agreement and conclusive in favor of the Trustee, the Company and the related any Loan Trustee, if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Note Purchase Agreement (Amtran Inc), Note Purchase Agreement (Amtran Inc), Execution (Amtran Inc)

Acts of Certificateholders. (a) Any direction, consent, -------------------------- waiver or other action provided by this Agreement in respect of the Certificates of any series to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreement, to the Company or any Loan Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders --- signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such Trust Supplement this Agreement and conclusive in favor of the Trustee, the Company and the related any Loan Trustee, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Trust Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp), Through Trust Agreement (Midway Airlines Corp)

Acts of Certificateholders. (a) Any direction, consent, waiver or other action provided by this Agreement in respect of the Certificates of any series to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreement, to the Company or any Loan Indenture Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such Trust Supplement and conclusive in favor of the Trustee, the Company and the related Loan Indenture Trustee, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: Trust Agreement (America West Airlines Inc), Through Trust Agreement (America West Airlines Inc)

Acts of Certificateholders. (a) Any direction, consent, -------------------------- waiver or other action provided by this Basic Agreement in respect of the Certificates of or any series Trust Supplement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreementrequired, to the Company or any Loan Indenture Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such this Basic Agreement or any Trust Supplement and (subject to Section 7.01) [Pass Through Trust Agreement] conclusive in favor of the Trustee, the Company and the related Loan Indenture Trustee, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Trust Agreement (General American Railcar Corp Ii)

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Acts of Certificateholders. (a) Any direction, consent, waiver or other action provided by this Basic Agreement in respect of the Certificates of or any series Trust Supplement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreementrequired, to the Company or any Loan Indenture Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "β€œAct" ” of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such this Basic Agreement or any Trust Supplement and (subject to Section 7.01) conclusive in favor of the Trustee, the Company and the related Loan Indenture Trustee, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Trust Agreement (Gatx Corp)

Acts of Certificateholders. (a) Any direction, -------------------------- consent, waiver or other action provided by this Basic Agreement in respect of the Certificates of or any series Trust Supplement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreementrequired, to the Company or any Loan Indenture Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such this Basic Agreement or any Trust Supplement and (subject to Section 7.01) conclusive in favor of the Trustee, the Company and the related Loan Indenture Trustee, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Trust Agreement (General American Railcar Corp Ii)

Acts of Certificateholders. (a) Any direction, consent, waiver or other action provided by this Agreement in respect of the Certificates of any series to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required pursuant to this Agreement, to the Company or any Loan Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such Trust Supplement this Agreement and conclusive in favor of the Trustee, the Guarantor, the Company and the related Loan Trustee, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Trust Agreement (Fort James Corp)

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