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 Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by Noteholders in person or by agents duly appointed in writing. Except as otherwise expressly provided in this Indenture the action shall become effective when the instruments are delivered to the Indenture Trustee and, if expressly required, to the Issuer. The instruments (and the action embodied in them) are referred to as the "Act" of the Noteholders signing the instruments. Proof of execution of any instrument or of a writing appointing an agent for a Noteholder 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.

Appears in 61 contracts

Samples: Indenture (Cwabs Inc Revolving Home Eq Loan Ast Back Notes Ser 2003-D), Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-A), Custodial Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-U)

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Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver, waiver or other action provided by this Indenture in respect of the Notes of any class to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent or proxy duly appointed in writing. Except , and, except as herein otherwise expressly provided in this Indenture the provided, such action shall become effective when the such instrument or instruments are delivered to the Indenture Trustee and, if expressly required, or to the Issuer. The Such instrument or instruments (and the action embodied in themtherein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing the such instrument or instruments. Proof of execution of any such instrument or of a writing appointing an any such agent for a Noteholder shall be sufficient for any purpose of under this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and or the Issuer, if made in the manner provided in this SectionSection 1.3(a).

Appears in 15 contracts

Samples: Indenture (Theravance Biopharma, Inc.), Indenture (Supernus Pharmaceuticals Inc), Indenture (Alexza Pharmaceuticals 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 may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by Noteholders in person or by agents duly appointed in writing. Except as otherwise expressly provided in this Indenture the action shall become effective when the instruments are delivered to the Indenture Trustee and, if expressly required, to the Issuer. The instruments (and the action embodied in them) are referred to as the "Act" of the Noteholders signing the instruments. Proof of execution of any instrument or of a writing appointing an agent for a Noteholder 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.

Appears in 3 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver, waiver or other action provided by this Indenture in respect of the Notes of any class to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent or proxy duly appointed in writing. Except ; and, except as herein otherwise expressly provided in this Indenture the provided, such action shall become effective when the such instrument or instruments are delivered to the Indenture Trustee and, if expressly required, or to the Issuer. The Such instrument or instruments (and the action embodied in themtherein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing the such instrument or instruments. Proof of execution of any such instrument or of a writing appointing an any such agent for a Noteholder shall be sufficient for any purpose of under this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and or the Issuer, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: NPS Pharmaceuticals Inc, NPS Pharmaceuticals Inc

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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 Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by Noteholders in person or by agents duly appointed in writing. Except as otherwise expressly provided in this Indenture the action shall become effective when the instruments are delivered to the Indenture Trustee and, if expressly required, to the Issuer. The instruments (and the action embodied in them) are referred to as the "ActACT" of the Noteholders signing the instruments. Proof of execution of any instrument or of a writing appointing an agent for a Noteholder 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.

Appears in 1 contract

Samples: Indenture (Indymac Abs Inc)

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