Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the principal amounts and serial numbers of the 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of 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 14.02 hereof and, if applicable, Section 14.04 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 Issuer and the Guarantors, 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.
Appears in 1 contract
Samples: Indenture (Lexington Realty Trust)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1604. 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 Issuer and Trust or the GuarantorsCorporation, as the case may be, 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.
Appears in 1 contract
Samples: Starwood Lodging Corp
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1604. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE SEVENTEEN DEFEASANCE
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors at least one inspector 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 a verified written reports in triplicate report of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 inspector 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 14.02 hereof 15.02 and, if applicable, Section 14.04 hereof15.04. 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 Issuer and the Guarantors, 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.. ARTICLE SIXTEEN
Appears in 1 contract
Samples: Golub Capital BDC, Inc.
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes of any Series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes of such Series or of their representatives by proxy and the principal amounts and serial 100 numbers of the outstanding Outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of 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 14.02 hereof 15.2 and, if applicable, Section 14.04 hereof15.4. 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 Issuer and the GuarantorsIssuers, and another to the Trustee or Trustees to be preserved by the TrusteeTrustee or Trustees, 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.
Appears in 1 contract
Samples: Indenture (Brookfield Infrastructure Partners L.P.)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1402 and, if applicable, Section 14.04 hereof1404. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes of the applicable Series 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of 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 14.02 9.2 hereof and, if applicable, Section 14.04 9.4 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one (1) such copy shall be delivered to the Issuer Company and the GuarantorsGuarantor, 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.
Appears in 1 contract
Samples: Digital Realty Trust, L.P.
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Securities held or represented by them. The permanent chairman of the meeting shall appoint two inspectors an inspector 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 its verified written reports in triplicate duplicate of all votes cast at the meeting. A record, at least in triplicate, record of the proceedings of each meeting of Holders of Notes Securities shall be prepared by the applicable secretary of the meeting and there shall be attached to said record the original reports report of the inspectors inspector of votes on any vote by ballot taken thereat and affidavits by one or more persons Persons having knowledge of the facts facts, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 14.02 hereof 13.2 and, if applicable, Section 14.04 hereof13.4. Each copy At least two copies of such record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy thereof shall be delivered to the Issuer Company and the Guarantors, and another other to the Trustee to be preserved presented 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.
Appears in 1 contract
Samples: Owens & Minor Inc/Va/
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 13.2 and, if applicable, Section 14.04 hereof13.4. 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 Issuer and the GuarantorsCompany, and another to the Trustee for such series of Securities to be preserved by the such 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.
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 16.02 and, if applicable, Section 14.04 hereof16.04. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE SEVENTEEN MISCELLANEOUS
Appears in 1 contract
Samples: J P Morgan Chase & Co
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the principal amounts and serial numbers of the 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of 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 14.02 hereof and, if applicable, Section 14.04 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 Issuer and the GuarantorsGuarantor, 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.. Table of Contents
Appears in 1 contract
Samples: Indenture (Healthcare Trust of America Holdings, LP)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debentureholders shall be by written ballots on which shall be subscribed inscribed the signatures of the Holders of Notes Debentureholders or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Debentures held or represented by themthem if such Debentures are not Uncertificated Debentures. The permanent chairman of the meeting shall appoint two inspectors scrutineers 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes Debentureholders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors scrutineers 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 14.02 hereof 12.2 and, if applicable, Section 14.04 hereof12.5. 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 Issuer and the GuarantorsCorporation, 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.
Appears in 1 contract
Samples: webfiles.thecse.com
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any Series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such Series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1402 and, if applicable, Section 14.04 hereof1404. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Allegiance Bancshares, Inc.)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1402 and, if applicable, Section 14.04 hereof1404. 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 Issuer and the GuarantorsCompany, 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.. <PAGE> 87 ARTICLE FIFTEEN MISCELLANEOUS PROVISIONS
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1402 and, if applicable, Section 14.04 hereof1401. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE FIFTEEN DEFEASANCE
Appears in 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1502 and, if applicable, Section 14.04 hereof1504. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE SIXTEEN
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 a the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 person 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1601. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Securities of such series held or represented by them. The permanent chairman chair 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 15.1 and, if applicable, Section 14.04 hereof15.3. 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 Issuer and the GuarantorsIssuer, 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.
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts amount and serial numbers of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 12.02 and, if applicable, Section 14.04 hereof12.04. 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 Issuer and the GuarantorsCompany, 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.. 59 Signatures Dated: January , 1998 TCI Communications, Inc. By ------------------------------------ (Seal) Dated: January , 1998 The Bank of New York, Trustee
Appears in 1 contract
Samples: Tele Communications Inc /Co/
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Securities 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes Securities 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 14.02 hereof 1302 and, if applicable, Section 14.04 hereof1304. 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 Issuer and the Guarantors, 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
Samples: Indenture (Staples Inc)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Debt Securities of such series held or represented by them. 92 102 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1601. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Indenture (Indymac Capital Trust I)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1502 and, if applicable, Section 14.04 hereof1504. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE SIXTEEN SECURITY
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes of the applicable series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes of the applicable 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 14.02 hereof and, if applicable, Section 14.04 hereof14.04. 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 Issuer and the GuarantorsGuarantor, 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.
Appears in 1 contract
Samples: Essex Portfolio Lp
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Securities 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes Securities 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 14.02 hereof 1302 and, if applicable, Section 14.04 hereof1304. 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 Issuer and the Guarantors, 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
Samples: Indenture (Staples Inc)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders holders of Convertible Notes shall be by written ballots on which shall be subscribed inscribed the signatures of the Holders holders of the Convertible Notes or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Convertible 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders holders of Convertible 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 14.02 hereof 13.02 and, if applicable, Section 14.04 hereof13.04. 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 Issuer Company and the Guarantors, 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.
Appears in 1 contract
Samples: Indenture (Nortel Networks Corp)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 13.02 and, if applicable, Section 14.04 hereof13.04. 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 Issuer and the Guarantors, 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.
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debentures shall be by written ballots on which shall be subscribed inscribed the signatures of the Holders of Notes Debentures or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Debentures held or represented by them. The permanent chairman of the meeting shall appoint two inspectors scrutineers 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes Debentures shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors scrutineers 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 14.02 hereof section 12.2 and, if applicable, Section 14.04 hereofsection 12.5. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Golden Star Resources LTD
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1502 and, if applicable, Section 14.04 hereof1504. 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 Issuer and the GuarantorsIssuer, 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.. ARTICLE SIXTEEN IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS, DIRECTORS AND EMPLOYEES
Appears in 1 contract
Samples: Cooper Offshore Holdings S.a.r.l.
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 16.02 and, if applicable, Section 14.04 hereof16.04. 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 Issuer and the GuarantorsCompany, 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. ARTICLE SEVENTEEN Expenses Section 17.01.
Appears in 1 contract
Samples: First Chicago NBD Capital Iv
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Convertible Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Convertible Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Convertible 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes Convertible 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 14.02 hereof 1502 and, if applicable, Section 14.04 hereof1501. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Fidelity National Financial Inc /De/
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of that series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes held or represented Outstanding Securities of that series voted by themthe ballot. The permanent chairman of the meeting shall appoint two inspectors of votes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 Persons having knowledge of the facts facts, setting forth a copy of the notice of the meeting and showing that said such notice was given as provided in Section 14.02 hereof 13.02 and, if applicable, Section 14.04 hereof13.04. Each copy of the record 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 Issuer and the GuarantorsCompany (with a copy to Fibria), 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.
Appears in 1 contract
Samples: Fibria Celulose S.A.
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Series 1 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Notes Series 1 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the outstanding Notes Series 1 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes Series 1 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 14.02 hereof 11.2 and, if applicable, Section 14.04 hereof11.4. 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 Issuer and the 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. [A&R GUARANTEE INDENTURE FOR SERIES 1 SHARES] This 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 Guarantee.
Appears in 1 contract
Samples: Guarantee (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 Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 Secretary of the meeting their verified written reports in triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 16.02 and, if applicable, Section 14.04 hereof16.04. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE SEVENTEEN MISCELLANEOUS PROVISIONS
Appears in 1 contract
Samples: Indenture (Ford Motor Credit Co LLC)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debentures of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debentures of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 12.2 and, if applicable, Section 14.04 hereof12.4. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Metlife Capital Trust I
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any Series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such Series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding 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 triplicate of all votes cast at the meeting. A record, with at least in triplicatefour copies thereof, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof and, if applicable, Section 14.04 hereof14.04. 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 Issuer and Applicable Issuer, if Holders of Guaranteed Securities were entitled to vote at the Guarantorsmeeting, 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.
Appears in 1 contract
Samples: 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 Notes Debentures shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debentures or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes Debentures 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 14.02 8.2 hereof and, if applicable, Section 14.04 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 Issuer and the Guarantors, 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.
Appears in 1 contract
Samples: Resale Registration Rights Agreement (Primus Telecommunications Group Inc)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the principal amounts and serial numbers of the outstanding 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of 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 14.02 hereof and, if applicable, Section 14.04 hereof14.04. 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 Issuer and the GuarantorsGuarantor, 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.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. , A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 haying 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof. 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 Issuer and the GuarantorsCompany, and another to the Trustee to be preserved presented 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.
Appears in 1 contract
Samples: Indenture (Indymac Capital Trust I)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the principal amounts and serial numbers of the 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of 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 14.02 hereof and, if applicable, Section 14.04 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 Issuer and the GuarantorsGuarantor, 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.56 DM_US 172750087-7.111690.0021
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 16.02 and, if applicable, Section 14.04 hereof16.04. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the 104 104 meeting and one such copy shall be delivered to the Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Indenture (Waste Connections Inc/De)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts amount and serial numbers of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 12.02 and, if applicable, Section 14.04 hereof12.04. 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 Issuer and the GuarantorsCompany, 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.. 61
Appears in 1 contract
Samples: Tele Communications Inc /Co/
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1604. 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 Issuer and the Guarantors, 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.
Appears in 1 contract
Samples: Thermo Electron Corp
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of a particular series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes such Securities or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes such Securities 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 14.02 hereof and, if applicable, Section 14.04 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 Issuer and the Guarantors, 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.
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1601. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE SEVENTEEN Defeasance
Appears in 1 contract
Samples: Indenture (Wells Fargo Capital Iv)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial account numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1402 and, if applicable, Section 14.04 hereof1404. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Indenture (Advanta Corp)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 17.02 and, if applicable, Section 14.04 hereof17.04. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Collins & Aikman Corp
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 13.02 and, if applicable, Section 14.04 hereof13.04. 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 Issuer and the Guarantors, 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.
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes shall be by written ballots on which shall be subscribed inscribed the signatures of the Holders of Notes or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes Outstanding Debentures held or represented by them. The permanent chairman of the meeting shall appoint two inspectors scrutineers 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 triplicate of all votes cast at the meeting. The scrutineers may be employees or representatives of the Trustee or an Affiliate thereof. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors scrutineers 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 14.02 hereof section 15.2 and, if applicable, Section 14.04 hereofsection 15.5. 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 Issuer and the GuarantorsIssuer, 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.
Appears in 1 contract
Samples: Indenture
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Series 4 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Notes Series 4 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 11.2 and, if applicable, Section 14.04 hereof11.4. 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 Issuer and the 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. [GUARANTEE INDENTURE FOR SERIES 4 SHARES] This 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 Guarantee.
Appears in 1 contract
Samples: Guarantee (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 Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1302 and, if applicable, Section 14.04 hereof1304. 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 Issuer Company and the GuarantorsGuarantor, and another to the Trustee for such series of Securities to be preserved by the such 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.
Appears in 1 contract
Samples: Keyspan Corp
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Series 5 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Notes Series 5 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 11.2 and, if applicable, Section 14.04 hereof11.4. 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 Issuer and the 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. [GUARANTEE INDENTURE FOR SERIES 5 SHARES] This 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 Guarantee.
Appears in 1 contract
Samples: Guarantee (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 Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1502 and, if applicable, Section 14.04 hereof1504. 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 Issuer and the GuarantorsCompany, 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.. ARTICLE SIXTEEN GUARANTEE
Appears in 1 contract
Samples: Indenture (American Axle & Manufacturing Holdings Inc)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1402 and, if applicable, Section 14.04 hereof1401. 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 Issuer and the GuarantorsCompany, 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 slimed and verified shall be conclusive evidence of the matters therein stated.
Appears in 1 contract
Samples: Indymac Capital Trust I
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1502 and, if applicable, Section 14.04 hereof1504. 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 Issuer Company and the GuarantorsGuarantor, 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.. ARTICLE SIXTEEN GUARANTEE
Appears in 1 contract
Samples: Abb LTD
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts amount and serial numbers of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 12.02 and, if applicable, Section 14.04 hereof12.04. 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 Issuer and the GuarantorsCompany, 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.. 59
Appears in 1 contract
Samples: Tci Communications Inc
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1302 and, if applicable, Section 14.04 hereof1304. 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 Issuer and the GuarantorsIssuer, and another to the Trustee for such series of Securities to be preserved by the such 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.
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1402 and, if applicable, Section 14.04 hereof1404. 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 Issuer and the Guarantors, Operating Partnership 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.. [Signature Page Follows]
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Series 6 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Notes Series 6 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 11.2 and, if applicable, Section 14.04 hereof11.4. 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 Issuer and the 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 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 Guarantee.
Appears in 1 contract
Samples: Guarantee (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 Notes Series 3 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Notes Series 3 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 11.2 and, if applicable, Section 14.04 hereof11.4. 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 Issuer and the 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. [GUARANTEE INDENTURE FOR SERIES 3 SHARES] This 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 Guarantee.
Appears in 1 contract
Samples: Guarantee (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 Notes Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1502 and, if applicable, Section 14.04 hereof1504. The record shall show the serial numbers of the Securities voting in favor of or against any resolution. 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 Issuer Company and the GuarantorsGuarantor, 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.. ARTICLE SIXTEEN IMMUNITY OF
Appears in 1 contract
Samples: Amoco Corp
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1604. 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 Issuer and the GuarantorsCompany, 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.
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the outstanding Notes 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 triplicate of all votes cast at the meeting. A record, at least in triplicate, of the proceedings of each meeting of Holders of Notes 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 14.02 hereof 1602 and, if applicable, Section 14.04 hereof1604. 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 Issuer and the GuarantorsCompany, 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 records so signed and verified shall be conclusive evidence of the matters therein stated.
Appears in 1 contract
Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Notes Series 2 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Notes Series 2 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the outstanding Notes Series 2 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 triplicate duplicate of all votes cast at the meeting. A record, at least in triplicateduplicate, of the proceedings of each meeting of Holders of Notes Series 2 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 14.02 hereof 11.2 and, if applicable, Section 14.04 hereof11.4. 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 Issuer and the 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. [A&R GUARANTEE INDENTURE FOR SERIES 2 SHARES] This 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 Guarantee.
Appears in 1 contract
Samples: Guarantee (Brookfield Renewable Energy Partners L.P.)
