Appears in 10 contracts

Sources: Indenture (PetroQuest Energy, L.L.C.), Indenture (Global Signal Inc), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC)

Appears in 10 contracts

Sources: Indenture (Pse&g Capital Trust Iii), Indenture (Lci International Inc /Va/), Indenture (Pep Boys Manny Moe & Jack)

Appears in 9 contracts

Sources: Indenture (Reckson Operating Partnership Lp), Indenture (Reckson Associates Realty Corp), Merger Agreement (Reckson Associates Realty Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent ~~chairman~~ chairperson of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of Debt Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1402 and, if applicable, Section ~~1504~~1401. Each copy shall be signed and verified by the affidavits of the permanent ~~chairman~~ chairperson and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 8 contracts

Sources: Indenture (Wejo Group LTD), Indenture (Brickell Biotech, Inc.), Indenture (Dayton Hudson Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities of any particular series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any particular series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1402 and, if applicable, Section ~~1504~~1404. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Issuer and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 7 contracts

Sources: Indenture (Americold Realty Trust), Indenture (Nova Cold Logistics ULC), Indenture (Cousins Properties LP)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Bearer Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Bearer Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1402 and, if applicable, Section ~~1504~~1404. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 7 contracts

Sources: Subordinated Indenture (Dynegy Capital Trust Ii), Subordinated Debt Indenture (Dynegy Capital Trust Iii), Subordinated Indenture (Dynegy Capital Trust Iii)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities ~~of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities ~~of such series~~ or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities ~~of such series~~ held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of Securities ~~of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1402 and, if applicable, Section ~~1504~~1404. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 6 contracts

Sources: Indenture (Fleetwood Enterprises Inc/De/), Indenture (Fleetwood Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Notes or of their representatives by proxy and the principal amounts and serial numbers of the ~~Outstanding Securities of such series~~ outstanding Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Notes shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more ~~persons~~ Persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 9.2 hereof and, if applicable, Section ~~1504~~9.4 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 5 contracts

Sources: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)

Appears in 5 contracts

Sources: Indenture (Nymagic Inc), Indenture (Bay View Capital Corp), Indenture (Quality Food Centers Inc)

Appears in 5 contracts

Sources: Indenture (SRM Entertainment, Inc.), Indenture (Duos Technologies Group, Inc.), Indenture (Esports Entertainment Group, Inc.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent ~~chairman~~ chairperson of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of Debt Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1602 and, if applicable, Section ~~1504~~1601. Each copy shall be signed and verified by the affidavits of the permanent ~~chairman~~ chairperson and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 4 contracts

Sources: Indenture (Wells Fargo & Co/Mn), Indenture (Popular Inc), Indenture (South Financial Group Inc)

Appears in 4 contracts

Sources: Indenture (Cablevision Systems Corp), Indenture (Cablevision Systems Corp), Subordinated Indenture (Sci Systems Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities of any particular series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any particular series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 4 contracts

Sources: Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities~~ Debentures of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of ~~Securities~~ Debentures of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities~~ Debentures of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of ~~Securities~~ Debentures of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 13.2 and, if applicable, Section ~~1504~~13.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 4 contracts

Sources: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc), Indenture (Calenergy Capital Trust Vi)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders ~~of Securities of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders ~~of Securities of such series~~ or of their representatives by proxy and the principal amounts and serial numbers (or CUSIP numbers in the case of Global Bonds) of the Outstanding ~~Securities~~ Bonds, of ~~such~~ the series and Tranches with respect to which the meeting shall have been called, held or represented by them. The permanent chairman of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports ~~in duplicate~~ of all votes cast at the meeting. A ~~record, at least~~ record in ~~duplicate,~~ duplicate of the proceedings of each meeting of Holders ~~of Securities of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to ~~said~~ such record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that ~~said~~ such notice was given as provided in Section ~~1502~~ 15.02 and, if applicable, Section ~~1504~~15.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 4 contracts

Sources: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)

Appears in 3 contracts

Sources: Indenture (Walden Residential Properties Inc), Indenture (Chateau Communities Inc), Indenture Agreement (Price Development Co Lp)

Appears in 3 contracts

Sources: Indenture (Kraft Foods Inc), Indenture (Philip Morris Companies Inc), Indenture (Philip Morris Companies Inc)

Appears in 3 contracts

Sources: Senior Debt Indenture (Dynegy Capital Trust Iii), Indenture (Dynegy Capital Trust Iii), Indenture (NGC Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities of such series~~ Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Notes shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more ~~persons~~ Persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 8.2 hereof and, if applicable, Section ~~1504~~8.4 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 3 contracts

Sources: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Indenture (Radisys Corp)

Appears in 3 contracts

Sources: Indenture Agreement (Castellum, Inc.), Indenture (Iveda Solutions, Inc.), Indenture (Creatd, Inc.)

Appears in 3 contracts

Sources: Indenture (Pec Funding Trust I), Indenture (Pec Funding Trust I), Indenture (Peoples Energy Corp)

Appears in 3 contracts

Sources: Indenture (Navigators Group Inc), Indenture (Annuity & Life Re Holdings LTD), Indenture (Annuity & Life Re Holdings LTD)

Appears in 3 contracts

Sources: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)

Appears in 2 contracts

Sources: Indenture (Scripps E W Co /De), Indenture (Scripps E W Co /De)

Appears in 2 contracts

Sources: Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Notes shall be (a) by written ballots on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities of such series~~ Notes held or represented by ~~them~~them or (b) by such other procedures adopted by the Indenture Trustee in its discretion. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Notes shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 12.2 and, if applicable, Section ~~1504~~12.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company~~Trust, and another to the Indenture Trustee to be preserved by the Indenture Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 2 contracts

Sources: Standard Indenture Terms (Allstate Life Insurance Co), Indenture Agreement (Allstate Life Insurance Co)

Appears in 2 contracts

Sources: Indenture (Dc Holdco Inc), Indenture (Disney Capital Trust I)

Appears in 2 contracts

Sources: Indenture (FMC Technologies Inc), Indenture (FMC Technologies Inc)

Counting Votes and Recording Action of Meetings. The vote ~~upon~~ ----------------------------------------------- on any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and ~~serial~~ series numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to ~~said~~ such record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that ~~said~~ such notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Operating Partnership and to the Company (if the Securities of such series are Guaranteed Securities) and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 2 contracts

Sources: Indenture (Cabot Industrial Properties Lp), Indenture (Cabot Industrial Trust)

Appears in 2 contracts

Sources: Indenture (Inmc Mortgage Holdings Inc), Indenture (Inmc Mortgage Holdings Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders ~~of Securities of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders ~~of Securities of such series~~ or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities of such series~~ Debentures held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders ~~of Securities of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to ~~said~~ such record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that ~~said~~ such notice was given as provided in Section ~~1502~~ 13.02 and, if applicable, Section ~~1504~~13.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute ~~but~~ one and the same instrument.

Appears in 2 contracts

Sources: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)

Appears in 2 contracts

Sources: Senior Debt Indenture (Cnooc LTD), Senior Debt Indenture (Nexen Inc)

Appears in 2 contracts

Sources: Indenture (Nisource Finance Corp), Indenture (Nisource Finance Corp)

Appears in 2 contracts

Sources: Indenture (Questar Pipeline Co), Indenture (Questar Market Resources Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders ~~of Securities of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders ~~of Securities of such series~~ or of their representatives by proxy and the principal amounts and serial numbers (or CUSIP numbers in the case of Global Bonds) of the Outstanding ~~Securities~~ Bonds, of ~~such~~ the series and Tranches with respect to which the meeting shall have been called, held or represented by them. The permanent ~~chairman~~ chair of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports ~~in duplicate~~ of all votes cast at the meeting. A ~~record, at least~~ record in ~~duplicate,~~ duplicate of the proceedings of each meeting of Holders ~~of Securities of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to ~~said~~ such record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that ~~said~~ such notice was given as provided in Section ~~1502~~ 15.02 and, if applicable, Section ~~1504~~15.04. Each copy shall be signed and verified by the affidavits of the permanent ~~chairman~~ chair and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 2 contracts

Sources: Indenture of Mortgage (Puget Sound Energy Inc), Indenture of Mortgage (Puget Sound Energy Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any ~~series~~ Series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1602 and, if applicable, Section ~~1504~~1604. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Issuer and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Indenture FORM OF CERTIFICATE TO BE GIVEN BY PERSON ENTITLED TO RECEIVE BEARER SECURITY OR TO OBTAIN INTEREST PAYABLE PRIOR TO THE EXCHANGE DATE [Insert title or sufficient description of Securities to be delivered] This is to certify that, as of the date hereof, and except as set forth below, the above-captioned Securities held by you for our account (i) are owned by person(s) that are not citizens or residents of the United States, domestic partnerships, domestic corporations or any estate or trust the income of which is subject to United States federal income taxation regardless of its source (“United States person(s)”), (ii) are owned by United States person(s) that are (a) foreign branches of United States financial institutions (financial institutions, as defined in United States Treasury Regulations Section 2.165-12(c)(1)(v) are herein referred to as “financial institutions”) purchasing for their own account or for resale, or (b) United States person(s) who acquired the Securities through foreign branches of United States financial institutions and who hold the Securities through such United States financial institutions on the date hereof (and in either case (a) or (b), each such United States financial institution hereby agrees, on its own behalf or through its agent, that you may advise Kimco Realty OP, LLC or its agent that such financial institution will comply with the requirements of Section 165(j)(3)(A), (B) or (C) of the United States Internal Revenue Code of 1986, as amended, and the regulations thereunder), or (iii) are owned by United States or foreign financial institution(s) for purposes of resale during the restricted period (as defined in United States Treasury Regulations Section 1.163-5(c)(2)(i)(D)(7)), and, in addition, if the owner is a United States or foreign financial institution described in clause (iii) above (whether or not also described in clause (i) or (ii)), this is to further certify that such financial institution has not acquired the Securities for purposes of resale directly or indirectly to a United States person or to a person within the United States or its possessions.

Appears in 2 contracts

Sources: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)

Appears in 2 contracts

Sources: Indenture (Mead Corp), Indenture (Meadwestvaco Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Debt Securities of any ~~series~~ Series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. * * * This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument.~~Indenture. 77 ARTICLE SIXTEEN CONVERSION OF SECURITIES

Appears in 2 contracts

Sources: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Appears in 2 contracts

Sources: Subordinated Debt Indenture (Nexen Inc), Subordinated Debt Indenture (Nexen Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any ~~series~~ Series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1602 and, if applicable, Section ~~1504~~1604. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Issuer and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Indenture. [Insert title or sufficient description of Securities to be delivered] This is to certify that, as of the date hereof, and except as set forth below, the above-captioned Securities held by you for our account (i) are owned by person(s) that are not citizens or residents of the United States, domestic partnerships, domestic corporations or any estate or trust the income of which is subject to United States federal income taxation regardless of its source (“United States person(s)”), (ii) are owned by United States person(s) that are (a) foreign branches of United States financial institutions (financial institutions, as defined in United States Treasury Regulations Section 2.165-12(c)(1)(v) are herein referred to as “financial institutions”) purchasing for their own account or for resale, or (b) United States person(s) who acquired the Securities through foreign branches of United States financial institutions and who hold the Securities through such United States financial institutions on the date hereof (and in either case (a) or (b), each such United States financial institution hereby agrees, on its own behalf or through its agent, that you may advise Kimco Realty OP, LLC or its agent that such financial institution will comply with the requirements of Section 165(j)(3)(A), (B) or (C) of the United States Internal Revenue Code of 1986, as amended, and the regulations thereunder), or (iii) are owned by United States or foreign financial institution(s) for purposes of resale during the restricted period (as defined in United States Treasury Regulations Section 1.163-5(c)(2)(i)(D)(7)), and, in addition, if the owner is a United States or foreign financial institution described in clause (iii) above (whether or not also described in clause (i) or (ii)), this is to further certify that such financial institution has not acquired the Securities for purposes of resale directly or indirectly to a United States person or to a person within the United States or its possessions.

Appears in 2 contracts

Sources: Supplemental Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty Corp)

Appears in 2 contracts

Sources: Indenture (Precision Drilling Corp), Indenture (Petro Canada)

Appears in 2 contracts

Sources: Senior Indenture (National City Corp), Senior Indenture (National City Corp)

Appears in 2 contracts

Sources: Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)

Appears in 2 contracts

Sources: Indenture (Staples Inc), Indenture (Staples Inc)

Appears in 2 contracts

Sources: Indenture (Terra Capital Group), Indenture (Metropolitan Mortgage & Securities Co Inc)

Appears in 2 contracts

Sources: Indenture (Amb Property Corp), Indenture (Amb Property Corp)

Appears in 2 contracts

Sources: Indenture (Old National Bancorp /In/), Indenture (Onb Capital Trust Vi)

Counting Votes and Recording Action of Meetings. The ----------------------------------------------- vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any ~~series~~ Series shall be prepared by the ~~secretary~~ Secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.ARTICLE SIXTEEN

Appears in 2 contracts

Sources: Indenture (United Technologies Corp /De/), Indenture (United Technologies Corp /De/)

Appears in 2 contracts

Sources: Indenture (American Industrial Properties Reit Inc), Indenture (Washington Real Estate Investment Trust)

Appears in 1 contract

Sources: Indenture (Dole Food Co Inc)

Counting Votes and Recording Action of Meetings. The ----------------------------------------------- vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any ~~series~~ Series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. * * * * * 97 This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Indenture.

Appears in 1 contract

Sources: Indenture (Airgas Inc)

Counting Votes and Recording Action of Meetings. ~~The vote~~ Tie Vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed ~~the~~ tie signatures of the Holders of Securities of such series or of ~~their~~ tieir representatives by proxy and the principal amounts and serial numbers of ~~the~~ tie Outstanding Securities of such series held or represented by ~~them~~tiem. ~~The~~ Tie permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at ~~the~~ tie meeting for or against any resolution and who shall make and file ~~with the~~ wati tie secretary of ~~the~~ tie meeting ~~their~~ tieir verified written reports in duplicate of all votes cast at ~~the~~ tie meeting. A record, at least in duplicate, of ~~the~~ tie proceedings of each meeting of Holders of Securities of any ~~series~~ Series shall be prepared by the secretary of ~~the~~ tie meeting and there shall be attached to said record ~~the~~ tie original reports of ~~the~~ tie inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting ~~forth~~ forti a copy of ~~the~~ tie notice of ~~the~~ tie meeting and showing that said notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of ~~the~~ tie permanent chairman and secretary of ~~the~~ meeting and one such copy shall be delivered to ~~the Company,~~ tie Company and ~~another~~ anotier to ~~the~~ tie Trustee to be preserved by the Trustee, the latter to have attached thereto ~~the~~ tie ballots voted at ~~the~~ tie meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Indenture (Frontier Corp /Ny/)

Appears in 1 contract

Sources: Indenture (Merrill Lynch Preferred Funding I Lp)

Appears in 1 contract

Sources: Indenture (Jetblue Airways Corp)

Appears in 1 contract

Sources: Indenture (Ubs Americas Inc)

Appears in 1 contract

Sources: Indenture (Vasogen Inc)

Appears in 1 contract

Sources: Indenture (CBS Corp)

Appears in 1 contract

Sources: Indenture (New Plan Realty Trust)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities of any ~~series~~ Series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such ~~series~~ Series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such ~~series~~ Series held or represented by them. The permanent ~~chairman~~ chairperson of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, with at least ~~in duplicate~~four copies thereof, of the proceedings of each meeting of Holders of Securities of any ~~series~~ Series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 14.02 and, if applicable, Section ~~1504~~14.04. Each copy shall be signed and verified by the affidavits of the permanent ~~chairman~~ chairperson and secretary of the meeting and one such copy shall be delivered to the ~~Company~~Applicable Issuer, if Holders of Guaranteed Securities were entitled to vote at the meeting, the Guarantor and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Indenture (Wal Mart Cayman Sterling Finance Co)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1402 and, if applicable, Section ~~1504~~1404. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to of have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. 36. The indenture is hereby amended by adding Exhibits A, B, C and D to the end thereof, as such Exhibits are attached to this second Supplemental Indenture. 37. All provisions of this Second Supplemental Indenture shall be deemed to be incorporated in, and made a part of, the Indenture; and the Indenture, as supplemented by this Second Supplemental Indenture, shall be read, taken and construed as one and same instrument. 38. The Trustee accepts the trusts created by the Indenture, as supplemented by this Second Supplemental Indenture, and agrees to perform the same upon the terms and conditions in the Indenture, as supplemented by the Second Supplemental Indenture. 39. The recitals contained in the Indenture and the Securities, except the Trustee's certificate of authentication, shall be taken as statement of the Company, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of the Indenture or the Securities. 40. All amendments to the Indenture made hereby shall have effect only with respect to the Securities of any series created on or after the date hereof, and not with respect to the Securities of any series created prior to the date hereof. 41. All capitalized terms used and not defined herein shall have the respective meanings assigned to them in the Indenture. 42. This ~~instrument~~ Second Supplemental Indenture may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Second Supplemental Indenture (Mead Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Series 3 Shares shall be by written ~~ballots~~ ballot(s) on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Series 3 Shares or of their representatives by proxy and the ~~principal amounts and serial numbers~~ number of ~~the Outstanding Securities of such series~~ outstanding Series 3 Shares held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Series 3 Shares shall be prepared by the permanent secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 11.2 and, if applicable, Section ~~1504~~11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the ~~Company~~Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Guarantee.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Appears in 1 contract

Sources: Indenture (Hercules Inc)

Appears in 1 contract

Sources: Indenture (Transalta Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities ~~of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities ~~of such series~~ or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities ~~of such series~~ held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities ~~of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more ~~persons~~ Persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1302 and, if applicable, Section ~~1504~~1304. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. -------------------- This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. [Signature pages begin on page 81.]

Appears in 1 contract

Sources: Indenture (Staples Inc)

Appears in 1 contract

Sources: Indenture (Medley LLC)

Counting Votes and Recording Action of Meetings. The vote ----------------------------------------------- upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Debt Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the ~~facts~~ fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. * * * * This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Indenture.

Appears in 1 contract

Sources: Indenture (Bre Properties Inc /Md/)

Appears in 1 contract

Sources: Subordinated Indenture (Onb Capital Trust Vi)

Counting Votes and Recording Action of Meetings. The vote ~~upon~~ on any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of ~~such~~ that series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of ~~such~~ that series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to ~~said~~ such record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that ~~said~~ such notice was given as provided in Section ~~1502~~ 15.02 and, if applicable, Section ~~1504~~15.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. ----------------------------- This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Indenture (Innovative Valve Technologies Inc)

Appears in 1 contract

Sources: Indenture

Counting Votes and Recording Action of Meetings. The vote ~~upon~~ on any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of ~~such~~ that series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of ~~such~~ that series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to ~~said~~ such record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that ~~said~~ such notice was given as provided in Section ~~1502~~ 13.02 and, if applicable, Section ~~1504~~13.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to 44 the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. ------------------------ This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Indenture (Magnum Hunter Resources Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities ~~of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities ~~of such series~~ or of their representatives by proxy and the principal amounts at Stated Maturity and serial numbers of the Outstanding Securities ~~of such series~~ held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities ~~of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more ~~persons~~ Persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1702 and, if applicable, Section ~~1504~~1704. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. ************ This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Indenture.

Appears in 1 contract

Sources: Indenture (Mindspring Enterprises Inc)

Appears in 1 contract

Sources: Indenture (Packaging Corp of America)

Appears in 1 contract

Sources: Indenture (Boston Properties LTD Partnership)

Appears in 1 contract

Sources: Indenture (DRS Technologies Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Series 6 Shares shall be by written ~~ballots~~ ballot(s) on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Series 6 Shares or of their representatives by proxy and the ~~principal amounts and serial numbers~~ number of ~~the Outstanding Securities of such series~~ outstanding Series 6 Shares held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Series 6 Shares shall be prepared by the permanent secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 11.2 and, if applicable, Section ~~1504~~11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the ~~Company~~Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Guarantee.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Appears in 1 contract

Sources: Indenture (Newell Co)

Appears in 1 contract

Sources: Indenture (Southwest Gas Corp)

Appears in 1 contract

Sources: Indenture (Primero Gas Marketing Co Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities of such series~~ Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Notes shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 1502 and, if applicable, Section 1504. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company~~Operating Partnership and the Co-Obligors, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Indenture (Sl Green Realty Corp)

Appears in 1 contract

Sources: Indenture (National Oilwell Varco Inc)

Appears in 1 contract

Sources: Indenture (American General Finance Inc)

Appears in 1 contract

Sources: Indenture (Duke Realty Investments Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Series 4 Shares shall be by written ~~ballots~~ ballot(s) on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Series 4 Shares or of their representatives by proxy and the ~~principal amounts and serial numbers~~ number of ~~the Outstanding Securities of such series~~ outstanding Series 4 Shares held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Series 4 Shares shall be prepared by the permanent secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 11.2 and, if applicable, Section ~~1504~~11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the ~~Company~~Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Guarantee.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities of any series~~ Series 5 Shares shall be by written ~~ballots~~ ballot(s) on which shall be subscribed the signatures of the Holders of ~~Securities of such series~~ Series 5 Shares or of their representatives by proxy and the ~~principal amounts and serial numbers~~ number of ~~the Outstanding Securities of such series~~ outstanding Series 5 Shares held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of ~~Securities of any series~~ Series 5 Shares shall be prepared by the permanent secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 11.2 and, if applicable, Section ~~1504~~11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the ~~Company~~Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Guarantee.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Counting Votes and Recording Action of Meetings. (a) The vote upon any resolution submitted to any meeting of Holders of Subordinated Debt Securities of any series shall be by written ballots on which shall be ~~subscribed~~ inscribed the signatures of the Holders of Subordinated Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of ~~the~~ Outstanding Subordinated Debt Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of Subordinated Debt Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1702 and, if applicable, Section ~~1504~~1704. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Issuer and the Guarantor and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Subordinated Indenture (Nortel Networks Corp)

Counting Votes and Recording Action of Meetings. (a) The vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the ~~Outstanding~~ outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 10.02 and, if applicable, Section ~~1504~~10.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy 45 shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Senior Indenture (Rli Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of the Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of the Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of the Securities of any series shall be prepared by the ~~secretary~~ Secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 15.02 and, if applicable, Section ~~1504~~15.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same ~~instrument~~Indenture.

Appears in 1 contract

Sources: Indenture (Celestica Inc)

Appears in 1 contract

Sources: Indenture (Pan Pacific Retail Properties Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities ~~of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities ~~of such series~~ or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities ~~of such series~~ held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities ~~of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more ~~persons~~ Persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1302 and, if applicable, Section ~~1504~~1304. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. NY12534: 53599.4

Appears in 1 contract

Sources: Indenture (Staples Inc)

Appears in 1 contract

Sources: Indenture (Walt Disney Co/)

Counting Votes and Recording Action of Meetings. (a) The vote upon any resolution submitted to any meeting of Holders of Subordinated Debt Securities of any series shall be by written ballots on which shall be ~~subscribed~~ inscribed the signatures of the Holders of Subordinated Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of ~~the~~ Outstanding Subordinated Debt Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of Subordinated Debt Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1602 and, if applicable, Section ~~1504~~1604. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Issuer and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Subordinated Indenture (Nortel Networks Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders ~~of Securities of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders ~~of Securities of such series~~ or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities of such series~~ Debentures held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders ~~of Securities of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 1302 and, if applicable, Section ~~1504~~1304. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute ~~but~~ one and the same instrument.

Appears in 1 contract

Sources: Indenture (NVP Capital Iii)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities ~~of any series~~ shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities ~~of such series~~ or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities~~ Securities, of ~~such~~ the series with respect to which the meeting shall have been called, held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ quadruplicate of all votes cast at the meeting. A record, at a least in ~~duplicate~~quadruplicate, of the proceedings of each meeting of Holders of Securities ~~of any series~~ shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 13.02 and, if applicable, Section ~~1504~~13.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to each of the ~~Company~~Company and LP&L, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Collateral Trust Indenture (Louisiana Power & Light Co /La/)

Appears in 1 contract

Sources: Indenture (Arden Realty LTD)

Appears in 1 contract

Sources: Indenture (Questar Gas Co)

Appears in 1 contract

Sources: Indenture (Timken Co)

Counting Votes and Recording Action of Meetings. The vote ~~upon~~ on any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities of ~~such~~ that series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities of ~~such~~ that series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities of any series shall be prepared by the secretary of the meeting and there shall be attached to ~~said~~ such record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that ~~said~~ such notice was given as provided in Section ~~1502~~ 14.02 and, if applicable, Section ~~1504~~14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company,~~ Company and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. ------------------------ This ~~instrument~~ Indenture may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Indenture (Pentegra Dental Group Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of ~~Securities~~ Notes of any series shall be (a) by written ballots on which shall be subscribed the signatures of the Holders of ~~Securities~~ Notes of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding ~~Securities~~ Notes of such series held or represented by ~~them~~them or (b) by such other procedures adopted by the Indenture Trustee in its discretion. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in ~~duplicate~~ triplicate of all votes cast at the meeting. A record, at least in ~~duplicate~~triplicate, of the proceedings of each meeting of Holders of ~~Securities~~ Notes of any series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section ~~1502~~ 12.2 and, if applicable, Section ~~1504~~12.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the ~~Company~~Issuer, and another to the Indenture Trustee to be preserved by the Indenture Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Sources: Indenture (Allstate Life Global Funding)

Appears in 1 contract

Sources: Indenture (Ati Technologies Inc)

Appears in 1 contract

Sources: Indenture (Reckson Services Industries Inc)

Common use of Counting Votes and Recording Action of Meetings Clause in Contracts