Common use of Proof of Execution Clause in Contracts

Proof of Execution. (a) Subject to the provisions of SECTION 8.01, proof of the execution of any instrument by a Noteholder or his agent or proxy and proof of the holding by any person of any of the Notes shall be sufficient if made in the following manner: The fact and date of the execution by any such person of any instrument may be proved by (i) the certificate of any notary public, or other officer of any jurisdiction within the United States of America authorized to take acknowledgments of deeds to be recorded in such jurisdiction, that the person executing such instruments acknowledged to him the execution thereof, or (ii) an affidavit of a witness to such execution sworn to before any such notary or other such officer, or (iii) the guarantee of the signature of such person by any trust company, commercial bank or member of a national stock exchange. Where such execution is by an officer of a company or association or a member of a partnership on behalf of such company, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority. The fact and date of the execution of any such instrument and the amount and numbers or other designations of Notes held by the person so executing such instrument may also be proved in any other manner that the Trustee may deem sufficient, and the Trustee may require such additional proof of any matter referred to in this SECTION 9.02 as it shall deem necessary. (b) The ownership of any Note shall be proved by the Note Register.

Proof of Execution. (a) Subject to the provisions of SECTION Section 8.01, proof of the execution of any instrument by a Noteholder or his agent or proxy and proof of the holding by any person Person of any of the Notes shall be sufficient if made in the following manner: : (1) The fact and date of the execution by any such person Person of any instrument may be proved by (i) the certificate of any notary public, or other officer of any jurisdiction within the United States of America authorized to take acknowledgments of deeds to be recorded in such jurisdiction, that the person Person executing such instruments acknowledged to him the execution thereof, or (ii) an affidavit of a witness to such execution sworn to before any such notary or other such officer, or (iii) the guarantee of the signature of such person Person by any trust company, commercial bank or member of a national stock exchange. Where such execution is by an officer of a company corporation or association or a member of a partnership on behalf of such companycorporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority. ; (2) The fact and date of the execution of any such instrument and the amount and numbers or other designations of Notes held by the person Person so executing such instrument may also be proved in any other manner that the Trustee may deem sufficient, and the Trustee may require such additional proof of any matter referred to in this SECTION Section 9.02 as it shall deem necessary. (b) The ownership of any Note shall be proved by the Note Register.