Common use of CALL OF MEETING BY COMPANY OR NOTEHOLDERS Clause in Contracts

CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors or the holders of at least 10% in aggregate principal amount of the Notes then outstanding shall have requested the Trustee to call a meeting of Noteholders to take any action authorized in Section 9.1 by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place for, such meeting and may call such meeting to take any action authorized in Section 9.1, by mailing notice thereof as provided in Section 9.2. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day not less than 15 nor more than 20 days after the date on which the original request is sent to the Trustee.

Appears in 8 contracts

Samples: Penn Treaty American (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Penn Treaty American Corp

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CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors or the holders of at least 10% in aggregate principal amount of the Notes then outstanding shall have requested the Trustee to call a meeting of Noteholders to take any action authorized in Section 9.1 by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place for, such meeting and may call such meeting to take any action authorized in Section 9.1, by mailing notice thereof as provided in Section 9.2. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day Business Day not less than 15 nor more than 20 days after the date on which the original request is sent to the Trustee.

Appears in 3 contracts

Samples: Indenture (Netbank Inc), Indenture (Computer Network Technology Corp), Indenture (Netbank Inc)

CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors or the holders of at least 10% ten percent in aggregate principal amount of the Notes then outstanding outstanding, shall have requested the Trustee to call a meeting of Noteholders to take any action authorized in Section 9.1 10.1 by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place in said City of Boston for, such meeting and may call such meeting to take any action authorized in Section 9.110.1, by mailing notice thereof as provided in Section 9.210.2. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day not less than 15 nor more than 20 days after the date on which the original request such notice is sent to the Trustee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tribune Co), Securities Purchase Agreement (Softkey International Inc)

CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors or the holders of at least 10% ten percent in aggregate principal amount of the Notes then outstanding outstanding, shall have requested the Trustee to call a meeting of Noteholders to take any action authorized in Section 9.1 10.1 by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place in The City of New York for, such meeting and may call such meeting to take any action authorized in Section 9.110.1, by mailing notice thereof as provided in Section 9.210.2. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day not less than 15 nor more than 20 days after the date on which the original request such notice is sent to the Trustee.

Appears in 1 contract

Samples: Indenture (Genesis Health Ventures Inc /Pa)

CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors Directors, or the holders of at least 10% in aggregate principal amount of the Notes then outstanding outstanding, shall have requested the Trustee to call a meeting of Noteholders noteholders to take any action authorized in Section 9.1 9.01 by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 twenty days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place in said Borough of Manhattan, City of New York, State of New York, for, such meeting and may call such meeting to take any action authorized in Section 9.19.01, by mailing notice thereof as provided in Section 9.29.02. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day Business Day not less than 15 fifteen nor more than 20 twenty days after the date on which the original request such notice is sent to the Trustee.

Appears in 1 contract

Samples: Indenture (Kaiser Aluminum Corp)

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CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors Directors, or the holders of at least 1025% in aggregate principal amount of the Notes then outstanding outstanding, shall have requested the Trustee to call a meeting of Noteholders noteholders to take any action authorized in Section 9.1 9.01 by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place in said Borough of Manhattan, City of New York, State of New York, for, such meeting and may call such meeting to take any action authorized in Section 9.19.01, by mailing notice thereof as provided in Section 9.29.02. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day Business Day not less than 15 nor more than 20 days after the date on which the original request such notice is sent to the Trustee.

Appears in 1 contract

Samples: Indenture (Goldendale Aluminum Co)

CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors or the holders of at least 10% ten percent in aggregate principal amount of the Notes then outstanding outstanding, shall have requested the Trustee to call a meeting of Noteholders to take any action authorized in Section 9.1 10.1 by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place in said City of Wilmington for, such meeting and may call such meeting to take any action authorized in Section 9.110.1, by mailing notice thereof as provided in Section 9.210.2. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day not less than 15 nor more than 20 days after the date on which the original request such notice is sent to the Trustee.

Appears in 1 contract

Samples: Indenture (Genesis Health Ventures Inc /Pa)

CALL OF MEETING BY COMPANY OR NOTEHOLDERS. In case at any time the Company, pursuant to a resolution of its Board of Directors Resolution or the holders of at least 10% in aggregate principal amount of the Notes then outstanding shall have requested the Trustee to call a meeting of Noteholders to take any action authorized in Section 9.1 by written request setting forth in -49- 58 reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have mailed notice of such meeting within 20 days after receipt of such request, then the Company or the holders of Notes in the amount above specified, as the case may be, may fix the record date with respect to, and determine the time and the place for, such meeting and may call such meeting to take any action authorized in Section 9.1, by mailing notice thereof as provided in Section 9.2. The record date fixed as provided in the preceding sentence shall be set forth in a written notice to the Trustee and shall be a business day Business Day not less than 15 nor more than 20 days after the date on which the original request is sent to the Trustee.

Appears in 1 contract

Samples: Indenture (Adaptec Inc)

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