Common use of Acts of Noteholders Clause in Contracts

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents signed by the Noteholders or Note Owners in person or by agents duly appointed in writing. Except as otherwise expressly stated in this Indenture, the action will become effective when the instruments or documents are delivered to the Indenture Trustee and, if required, to the Trust. Such instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or document. Proof of execution of such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and conclusive in favor of the Indenture Trustee if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the Note.

Appears in 33 contracts

Samples: Verizon Master Trust, Indenture (Verizon Master Trust), Verizon Master Trust

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Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents signed by the Noteholders or Note Owners in person or by agents duly appointed in writing. Except as otherwise expressly stated in this Indenture, the action will become effective when the instruments or documents are delivered to the Indenture Trustee and, if required, to the TrustIssuer. Such instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or document. Proof of execution of such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and conclusive in favor of the Indenture Trustee if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust Issuer in reliance thereon, whether or not notation of the action is made on the Note.

Appears in 21 contracts

Samples: Transfer and Servicing Agreement (Verizon Owner Trust 2020-A), Indenture (Vzot 2018-A), Transfer and Servicing Agreement (Vzot 2018-A)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents instrument(s) of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the instruments or documents such instrument(s) are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instruments or documents instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. Any such acts will bind At any time the Notes of any Class are maintained on Global Notes, any reference in this Indenture to an Act of Noteholders or a Noteholder of every Note issued upon the registration or Noteholders representing a specified portion of the Note or in exchange for the Note or in place Outstanding Principal Balance of the Note, for all purposes including in respect Notes or such Class of anything done, omitted Notes shall be deemed to refer to an Act of Note Owners or suffered to be done by the Indenture Trustee a Note Owner or the Trust in reliance thereon, whether or not notation Note Owners holding such specified portion of the action is made on Outstanding Principal Balance of the NoteNotes or Class, as the case may be.

Appears in 16 contracts

Samples: Indenture (GE Equipment Midticket LLC, Series 2011-1), Indenture (GE Equipment Midticket LLC, Series 2011-1), Indenture (GE Equipment Midticket LLC, Series 2013-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated specified percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except as otherwise expressly stated provided in this Indenture, the Indenture such action will become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if required, to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein in such instrument or instruments and evidenced therebyby such instrument or instruments) are herein sometimes referred to in this Indenture as the “ActAct of Noteholdersof the Noteholders signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.411.3. Any such acts will bind the Noteholder The Issuer by entering into this Indenture, and each Noteholder, by its acceptance of every Note issued upon the registration of the Note or in exchange for the Note or in place of the a Note, for all purposes including in respect of anything done, omitted or suffered to be done by directs the Indenture Trustee or to execute and deliver the Trust in reliance thereon, whether or not notation of Control Agreement and the action is made on Joinder Agreement with respect to the NoteIndenture Trustee.

Appears in 12 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2013-A), Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Lease Trust 2012-A)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, an “Action”) provided by this Indenture to be given or taken by the Noteholders of any Series, Class or a stated percentage of Noteholders Tranche may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series, Class or Tranche are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 9.04, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents record are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 8.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.41.04. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 9.04.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (American Express Issuance Trust), And Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Indenture

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, an “Action”) provided by this Indenture to be given or taken by the Noteholders of any Series, Class or a stated percentage of Noteholders Tranche may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series, Class or Tranche are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 8.04, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents record are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuing Entity. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 7.01) conclusive in favor of the Indenture Trustee and the Issuing Entity, if made in the manner provided in this Section 11.41.04. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 8.04.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Servicing Agreement (Chase Issuance Trust), Trust Agreement (Chase Card Funding LLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents instrument(s) of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the instruments or documents such instrument(s) are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instruments or documents instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. Any such acts will bind At any time the Notes of any Class are maintained on Notes, any reference in this Indenture to an Act of Noteholders or a Noteholder of every Note issued upon the registration or Noteholders representing a specified portion of the Note or in exchange for the Note or in place Outstanding Principal Balance of the Note, for all purposes including in respect Notes or such Class of anything done, omitted Notes shall be deemed to refer to an Act of Note Owners or suffered to be done by the Indenture Trustee a Note Owner or the Trust in reliance thereon, whether or not notation Note Owners holding such specified portion of the action is made on Outstanding Principal Balance of the NoteNotes or Class, as the case may be.

Appears in 6 contracts

Samples: Indenture (GE Equipment Transportation LLC, Series 2011-1), Indenture (GE Equipment Transportation LLC, Series 2011-1), Indenture (GE Equipment Transportation LLC, Series 2012-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents instrument(s) of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the instruments or documents such instrument(s) are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instruments or documents instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. Any such acts will bind At any time the Notes of any Class are maintained on Book-Entry Notes, any reference in this Indenture to an Act of Noteholders or a Noteholder of every Note issued upon the registration or Noteholders representing a specified portion of the Note or in exchange for the Note or in place Outstanding Principal Balance of the Note, for all purposes including in respect Notes or such Class of anything done, omitted Notes shall be deemed to refer to an Act of Note Owners or suffered to be done by the Indenture Trustee a Note Owner or the Trust in reliance thereon, whether or not notation Note Owners holding such specified portion of the action is made on Outstanding Principal Balance of the NoteNotes or Class, as the case may be.

Appears in 6 contracts

Samples: Cef Equipment Holding LLC, GE Equipment Midticket LLC, Series 2006-1, Indenture (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or a stated percentage of Noteholders in their entirety may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indenture, the provided such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the Trustapplicable Issuers. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” or “Acts” of the Noteholders signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers if made in the manner provided in this Section 11.4Section. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in With respect of anything done, omitted or suffered to authorization to be done given or taken by Noteholders, the Indenture Trustee shall be authorized to follow the written directions or the Trust in reliance thereon, whether or not notation vote of Noteholders of Notes representing more than 50% of the action Aggregate Series Principal Balance (or Outstanding Notes of the affected Class, if applicable), unless any greater or lesser percentage is made on required by the Noteterms hereunder.

Appears in 5 contracts

Samples: Master Indenture (Essential Properties Realty Trust, Inc.), Master Indenture (American Finance Trust, Inc), Master Indenture (STORE CAPITAL Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders (collectively, an “Act” of such Noteholders, which term also shall refer to the Noteholders instruments or a stated percentage of Noteholders record evidencing or embodying the same) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Article X, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents record, or both, are delivered to the Indenture Trustee andTrustee, if requiredand when it is specifically required herein, to the Trust. Such instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentIssuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 8.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.49.1. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 10.5.

Appears in 4 contracts

Samples: Indenture (CSN Islands IX Corp.), Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by Noteholders in their capacity as Trust Beneficiaries or otherwise (collectively, an “Act” of such Noteholders, which term shall also refer to the Noteholders instruments or a stated percentage of Noteholders record evidencing or embodying the same) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Article X of the Indenture, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents record, or both, are delivered to the Indenture Trustee and, if required, to the Trust. Such instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentInsurance Trustee. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture Agreement and (subject to Section 5.01) conclusive in favor of the Indenture Insurance Trustee and the Issuer, if made in the manner provided in this Section 11.46.01. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon manner provided in the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteIndenture.

Appears in 4 contracts

Samples: Insurance Trust Agreement (Brasil Telecom Holding Co), Insurance Trust Agreement (Brasil Telecom Sa), Insurance Trust Agreement (Brasil Telecom Holding Co)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, an "Action") provided by this Indenture to be given or taken by the Noteholders of any Series, Class or a stated percentage of Noteholders Tranche may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series, Class or Tranche are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 8.04, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents record are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 7.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.41.04. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 8.04.

Appears in 3 contracts

Samples: Indenture (Chase Manhattan Bank Usa), Bank One Delaware National Association, First Usa Credit Card Master Trust

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, an “Action”) provided by this Indenture to be given or taken by the Noteholders of any Series or a stated percentage of Noteholders Class may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series or Class are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 9.04, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents record are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 8.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.41.04. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 9.04.

Appears in 3 contracts

Samples: Dryrock Issuance Trust (Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust), Indenture (Barclays Dryrock Issuance Trust)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents instrument(s) of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the instruments or documents such instrument(s) are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instruments or documents instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. Any such acts will bind At any time the Notes of any Class are maintained on Book-Entry Notes, any reference in this Indenture to an Act of Noteholders or a Noteholder of every Note issued upon the registration or Noteholders representing a specified portion of the Note or in exchange for the Note or in place Outstanding Principal Balance of the Note, for all purposes including in respect Notes or such Class of anything done, omitted Notes shall be deemed to refer to an Act of Note Owners or suffered to be done by the Indenture Trustee a Note Owner or the Trust in reliance thereon, whether or not notation Note Owners holding such specified portion of the action is made on Outstanding Principal Balance of the NoteNotes or Class, as the case may be.

Appears in 3 contracts

Samples: Indenture (Cef Equipment Holding LLC), Cef Equipment Holding LLC, Cef Equipment Holding LLC

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Master Indenture in respect of the Equipment Notes of any Series or Class or the Collateral to be given or taken by the Indenture Trustee at the Direction of Noteholders (including a Control Party or a stated percentage of Noteholders Requisite Majority) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the Noteholders such Noteholders, Control Party or Note Owners Requisite Majority, as applicable, in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if requiredTrustee, to each Rating Agency where it is hereby expressly required pursuant to this Master Indenture and to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders Noteholders, Control Party or Requisite Majority signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Master Indenture and any Series Supplement and conclusive in favor of the Indenture Trustee or the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection.

Appears in 3 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc), Lease Agreement (Trinity Industries Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, “Action”) provided by this Indenture to be given or taken by the Noteholders of any Series, Class or a stated percentage of Noteholders Tranche may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series, Class or Tranche are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 804, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 701) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4104. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 804.

Appears in 3 contracts

Samples: Servicing Agreement (Capital One Master Trust), Servicing Agreement (Capital One Master Trust), ir-capitalone.gcs-web.com

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, "Action") provided by this Indenture to be given or taken by the Noteholders of any Series, Class or a stated percentage of Noteholders Tranche may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series, Class or Tranche are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 804, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 701) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4104. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 804.

Appears in 2 contracts

Samples: Indenture (Capital One Master Trust), Capital One Master Trust

Acts of Noteholders. (ap) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Master Indenture in respect of the Equipment Notes of any Series or Class or the Collateral to be given or taken by the Indenture Trustee at the Direction of Noteholders (including a Control Party or a stated percentage of Noteholders Requisite Majority) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the Noteholders such Noteholders, Control Party or Note Owners Requisite Majority, as applicable, in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if requiredTrustee, to each Rating Agency where it is hereby expressly required pursuant to this Master Indenture and to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders Noteholders, Control Party or Requisite Majority signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Master Indenture and any Series Supplement and conclusive in favor of the Indenture Trustee or the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection.

Appears in 2 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or an Indenture Supplement to be given or taken by the Noteholders or a stated specified percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. ; provided, that in determining whether the Noteholders or a specified percentage of Noteholders have given any request, demand, authorization, direction, notice, consent or waiver, only Notes that are Outstanding will be taken in account, in each case in accordance with the final paragraph of the definition of “Outstanding.” Except as otherwise expressly stated provided in this Indenture, the Indenture or an Indenture Supplement such action will become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if required, to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein in such instrument or instruments and evidenced therebyby such instrument or instruments) are herein sometimes referred to in this Indenture as the “ActAct of Noteholdersof the Noteholders signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and a related Indenture Supplement and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the Note11.3.

Appears in 2 contracts

Samples: Ford Credit Floorplan LLC, Ford Credit Floorplan Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, an "Action") provided by this Indenture to be given or taken by the Noteholders of any Series, Class or a stated percentage of Noteholders Tranche may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series, Class or Tranche are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 9.04, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents record are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 8.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.41.04. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 9.04.

Appears in 2 contracts

Samples: American Express Issuance Trust, American Express Issuance Trust

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Master Indenture in respect of the Notes of any Series or Class or the Collateral to be given or taken by the Indenture Trustee at the Direction of Noteholders (including a Control Party or a stated percentage of Noteholders Requisite Majority) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the Noteholders such Noteholders, Control Party or Note Owners Requisite Majority, as applicable, in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if requiredTrustee, to each Rating Agency where it is hereby expressly required pursuant to this Master Indenture and to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders Noteholders, Control Party or Requisite Majority signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Master Indenture and any Series Supplement and conclusive in favor of the Indenture Trustee or the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection.

Appears in 2 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indenture, the provided such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein herein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.411.3. (b) The fact and date of the execution by any Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient. (c) The ownership of Notes shall be provided by the Note Register. (d) Any such acts will request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Notes shall bind the Noteholder Holder of every Note issued upon the registration of the Note thereof or in exchange for the Note therefor or in place of the Notelieu thereof, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust Issuer in reliance thereon, whether or not notation of the such action is made on the upon such Note.. SECTION 11.4

Appears in 2 contracts

Samples: Mmca Auto Receivables Inc, Mmca Auto Receivables Inc

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage 50 of Noteholders may be embodied in and evidenced by one or more instruments or documents signed by the Noteholders or Note Owners in person or by agents duly appointed in writing. Except as otherwise expressly stated in this Indenture, the action will become effective when the instruments or documents are delivered to the Indenture Trustee and, if required, to the TrustIssuer. Such instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or document. Proof of execution of such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and conclusive in favor of the Indenture Trustee if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust Issuer in reliance thereon, whether or not notation of the action is made on the Note.

Appears in 2 contracts

Samples: Verizon Owner Trust 2020-B, Verizon Owner Trust 2020-B

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Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Majority Representative, Noteholders or a stated percentage of Noteholders the Residual Interestholder, as applicable, may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the Majority Representative, 133 such Noteholders or Note Owners the Residual Interestholder, as applicable, in person or by agents an agent duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents (and the action or actions embodied therein and evidenced thereby) are herein sometimes referred to as the “Act”, the “Act of the Noteholders Majority Representative”, the “Act of Noteholders” or the “Act of the Residual Interestholder”, as applicable, signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the Note14.2.

Appears in 1 contract

Samples: Execution (Sutherland Asset Management Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Master Indenture in respect of the Notes of any Series or Class or the Collateral to be given or taken by the Indenture Trustee at the Direction of Noteholders (including a Control Party or a stated percentage of Noteholders Requisite Majority) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the Noteholders such Noteholders, Control Party or Note Owners Requisite Majority, as applicable, in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if requiredTrustee, to the TrustRating Agency where it is hereby expressly required pursuant to this Master Indenture and to the Issuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders Noteholders, Control Party or Requisite Majority signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Master Indenture and any Series Supplement and conclusive in favor of the Indenture Trustee or the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection.

Appears in 1 contract

Samples: Master Indenture (Trinity Industries Inc)

Acts of Noteholders. (a) Any request, demand, authorization, --------------------- direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indenture, the provided such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. (b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient. (c) The ownership of Notes shall be proved by the Note Register. (d) Any such acts will request, demand, authorization, direction, notice, consent, waiver or other action by the Noteholder of any Notes shall bind the Noteholder of every Note issued upon the registration of the Note transfer thereof or in exchange for the Note therefor or in place of the Notelieu thereof, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust Issuer in reliance thereon, whether or not notation of the such action is made on the upon such Note.

Appears in 1 contract

Samples: SLM Funding Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents agent duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustCompany. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of an "Act"of the Noteholders signing such instrument instruments or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Indenture and and, subject to Section 6.01, conclusive in favor of the Indenture Trustee and the Company, if made in the manner provided in this Section 11.41.04. Any such acts will bind Without limiting the generality of the foregoing, a Noteholder, including the Depositary that is a Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the a Global Note, for all purposes including may make, give or take, by a proxy or proxies, duly appointed in respect of anything donewriting, omitted any request, demand, authorization, direction, notice, consent, waiver or suffered other action provided or permitted in this Indenture to be done made, given or taken by Noteholders, and the Indenture Trustee Depositary that is a Noteholder of a Global Note may provide its proxy or proxies to the Trust beneficial owners of interest in reliance thereon, whether or not notation of the action is made on the any such Global Note.

Appears in 1 contract

Samples: Hawthorne Financial Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders (collectively, an "ACT" of such Noteholders, which term also shall refer to the Noteholders instruments or a stated percentage of Noteholders record evidencing or embodying the same) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Article X, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents record, or both, are delivered to the Indenture Trustee andTrustee, if requiredand when it is specifically required herein, to the Trust. Such instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentIssuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 8.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.49.1. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 10.5.

Appears in 1 contract

Samples: Indenture (American Beverage Co Ambev)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indenture, the provided such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. (b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient. (c) The ownership of Notes shall be proved by the Note Register. (d) Any such acts will request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Notes shall bind the Noteholder Holder of every Note issued upon the registration of the Note thereof or in exchange for the Note therefor or in place of the Notelieu thereof, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust Issuer in reliance thereon, whether or not notation of the such action is made on the upon such Note. SECTION 11.04.

Appears in 1 contract

Samples: Indenture (First Merchants Acceptance Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents instrument(s) of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the instruments or documents such instrument(s) are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instruments or documents instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and Issuer, if made in the manner provided in this Section 11.410.3. Any such acts will bind At any time the Notes of any Class are maintained on Book-Entry Notes, any reference in this Indenture to an Act of Noteholders or a Noteholder of every Note issued upon the registration or Noteholders representing a specified portion of the Note or in exchange for the Note or in place Outstanding Principal Balance of the Note, for all purposes including in respect Notes or such Class of anything done, omitted Notes shall be deemed to refer to an Act of Note Owners or suffered to be done by the Indenture Trustee a Note Owner or the Trust in reliance thereon, whether or not notation Note Owners holding such specified portion of the action is made on Outstanding Principal Balance of the NoteNotes or Class, as the case may be.

Appears in 1 contract

Samples: Master Indenture (Smurfit-Stone Container Enterprises Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, an "Action") provided by this Indenture to be given or taken by the Noteholders of any Series, Class or a stated percentage of Noteholders Tranche may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing. If Notes of a Series, Class or Tranche are issuable in whole or in part as Bearer Notes, any Action provided by this Indenture to be given or taken by such Noteholders may, alternatively, be embodied in and evidenced by the record of such Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Section 8.04, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the action such Action will become effective when the such instrument or instruments or documents record are delivered to the Indenture Trustee Trustee, and, if where it is hereby ex- pressly required, to the TrustIssuer. Such instrument or instruments or documents and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 7.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.41.04. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 8.04.

Appears in 1 contract

Samples: Indenture (First Usa Credit Card Master Trust)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture in respect of the Equipment Notes or the Collateral to be given or taken by the Indenture Trustee at the Direction of Noteholders or a stated percentage of Noteholders any Requisite Majority thereof may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders (or Note Owners Noteholders evidencing a Requisite Majority, as applicable) in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if requiredTrustee, to the TrustRating Agency where it is hereby expressly required pursuant to this Indenture and to the Issuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders or Requisite Majority thereof signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Indenture and conclusive in favor of the Indenture Trustee or the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection.

Appears in 1 contract

Samples: Indenture (Trinity Industries Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indenture, the provided such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. The fact and date of the execution by any person of any such instrument or writing may be proved in any customary manner of the Indenture Trustee. The ownership of Notes shall be proved by the Note Register. Any such acts will request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Notes shall bind the Noteholder Holder of every Note issued upon the registration of the Note thereof or in exchange for the Note therefor or in place of the Notelieu thereof, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust Issuer in reliance thereon, whether or not notation of the such action is made on the upon such Note.

Appears in 1 contract

Samples: Household Automotive Trust 2001-1

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents agent duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustCompany. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “an "Act" of the Noteholders signing such instrument instruments or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Indenture and and, subject to Section 6.01, conclusive in favor of the Indenture Trustee and the Company, if made in the manner provided in this Section 11.41.04. Any such acts will bind Without limiting the generality of the foregoing, a Noteholder, including the Depositary that is a Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the a Global Note, for all purposes including may make, give or take, by a proxy or proxies, duly appointed in respect of anything donewriting, omitted any request, demand, authorization, direction, notice, consent, waiver or suffered other action provided or permitted in this Indenture to be done made, given or taken by Noteholders, and the Indenture Trustee Depositary that is a Noteholder of a Global Note may provide its proxy or proxies to the Trust beneficial owners of interest in reliance thereon, whether or not notation of the action is made on the any such Global Note.

Appears in 1 contract

Samples: Local Financial Corp /Nv

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture in respect of the Equipment Notes or the Collateral to be given or taken by the Indenture Trustee at the Direction of Noteholders or a stated percentage of Noteholders any Requisite Majority thereof may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders (or Note Owners Noteholders evidencing a Requisite Majority, as applicable) in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if requiredTrustee, to each Rating Agency where it is hereby expressly required pursuant to this Indenture and to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders or Requisite Majority thereof signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Indenture and conclusive in favor of the Indenture Trustee or the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection.

Appears in 1 contract

Samples: Indenture (Trinity Industries Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders (collectively, an “Act” of such Noteholders, which term shall also refer to the Noteholders instruments or a stated percentage of Noteholders record evidencing or embodying the same) may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Noteholders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Noteholders duly called and held in accordance with the provisions of Article X, or a combination of such instruments and any such record. Except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents record, or both, are delivered to the Indenture Trustee and, if requiredwhen it is specifically required herein, to the Trust. Such instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentIssuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 8.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.49.1. Any such acts will bind The record of any meeting of Noteholders shall be proved in the Noteholder of every Note issued upon the registration of the Note or manner provided in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection 10.5.

Appears in 1 contract

Samples: Indenture (Tele Norte Leste Participacoes Sa)

Acts of Noteholders. (axxvii) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a stated percentage of Noteholders may be embodied in and evidenced by one or more instruments or documents instrument(s) of substantially similar tenor signed by the such Noteholders or Note Owners in person or by agents duly appointed in writing. Except ; and except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the instruments or documents such instrument(s) are delivered to the Indenture Trustee Trustee, and, if where it is hereby expressly required, to the TrustIssuer. Such instruments or documents instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or documentinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 11.4Section. Any such acts will bind At any time the Notes of any Class are maintained on Global Notes, any reference in this Indenture to an Act of Noteholders or a Noteholder of every Note issued upon the registration or Noteholders representing a specified portion of the Note or in exchange for the Note or in place Outstanding Principal Balance of the Note, for all purposes including in respect Notes or such Class of anything done, omitted Notes shall be deemed to refer to an Act of Note Owners or suffered to be done by the Indenture Trustee a Note Owner or the Trust in reliance thereon, whether or not notation Note Owners holding such specified portion of the action is made on Outstanding Principal Balance of the NoteNotes or Class, as the case may be.

Appears in 1 contract

Samples: Ge Equipment (GE TF Trust)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture in respect of the Equipment Notes or the Collateral to be given or taken by the Indenture Trustee at the Direction of Noteholders or a stated percentage of Noteholders any Requisite Majority thereof may be embodied in and evidenced by one or more instruments or documents of substantially similar tenor signed by the such Noteholders (or Note Owners Noteholders evidencing a Requisite Majority, as applicable) in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly stated in this Indentureprovided, the such action will shall become effective when the such instrument or instruments or documents are delivered to the Indenture Trustee and, if requiredTrustee, to each Rating Agency where it is hereby expressly required pursuant to this Indenture and to the TrustIssuer. Such instrument or instruments or documents (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act“ Act ” of the Noteholders or Requisite Majority thereof signing such instrument or documentinstruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Indenture and conclusive in favor of the Indenture Trustee or the Issuer, if made in the manner provided in this Section 11.4. Any such acts will bind the Noteholder of every Note issued upon the registration of the Note or in exchange for the Note or in place of the Note, for all purposes including in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Trust in reliance thereon, whether or not notation of the action is made on the NoteSection.

Appears in 1 contract

Samples: Indenture (Trinity Industries Inc)

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