Common use of Quorum; Action Clause in Contracts

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 37 contracts

Sources: Second Supplemental Indenture (Healthpeak Properties, Inc.), Fifteenth Supplemental Indenture (Extra Space Storage Inc.), Supplemental Indenture (Extra Space Storage Inc.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of HoldersHolders of Notes; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons Persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.214.02, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.29.02, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.29.02, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 14.04 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 18 contracts

Sources: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)

Quorum; Action. The persons entitled to vote at least a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of at least a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 9 contracts

Sources: Second Supplemental Indenture (Broadstone Net Lease, Inc.), Eighth Supplemental Indenture (Invitation Homes Inc.), Seventh Supplemental Indenture (Invitation Homes Inc.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of not less than a specified percentage majority in principal amount of the outstanding Outstanding Notes, the persons holding or representing the specified percentage Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes will shall constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.210.02(a), except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.28.02(a) and Section 6.02, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Outstanding Notes; provided, however, that, except as limited by Section 8.02(a) and Section 6.02, any resolution with respect to any consent or waiver which this Indenture expressly provides may be given by the proviso to Holders of not less than a majority in principal amount of the Outstanding Notes may be adopted at a meeting or an adjourned meeting duly convened and at which a quorum is present as aforesaid only by the affirmative vote of the Holders of not less than a majority in principal amount of the Outstanding Notes; and provided, further, that, except as limited by Section 8.28.02(a) and Section 6.02, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Notes. Notwithstanding the preceding two paragraphs, any request, demand, authorization, direction, notice, consent, waiver or other action of Holders under this Indenture or the Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person or by an agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, when it is expressly required, to the Trust. The percentage of principal amount of the Outstanding Notes held by the Holders delivering such instruments which is required to approve any such action shall be the same as the percentage required for approval at a duly convened meeting of Holders. Any such resolution passed or decision taken at any meeting of Holders duly held or by duly executed instrument in accordance with this Section 9.4 shall be binding on all Holders of the HoldersNotes, whether or not such Holders were present or represented at the meeting.

Appears in 9 contracts

Sources: Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 9.213.02(1), except that such notice need may be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice The quorum at such adjourned meeting shall be the Persons then present and entitled to vote thereat and such quorum shall be expressly stated in such notice of the reconvening of an such adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorummeeting. Except as limited by the proviso to Section 8.2, any resolution presented at At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may aforesaid, any resolution and all matters (except as provided in Section 9.02 and except as otherwise stated in this Indenture) shall be adopted only effectively passed and decided if passed or decided by the affirmative Persons entitled to vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, Notes represented and voting at such meeting. Any resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Article 13 shall (except as limited by Section 9.02) be binding on all the proviso to Section 8.2Holders of Notes, any resolution with whether or not present or represented at the meeting (except in respect to of any request, demand, authorization, direction, notice, consent, waiver or other action which required, under the Indenture expressly provides may terms of this Indenture, to be made, given or taken by the Holders of a specified percentage, which is less than a majority, in greater principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting).

Appears in 8 contracts

Sources: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.2(a) hereof, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative second paragraph of Section 7.2 hereof) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities, whether or not such Holders were present or represented at the meeting.

Appears in 8 contracts

Sources: Indenture (Cv Therapeutics Inc), Indenture (Cv Therapeutics Inc), Indenture (Cv Therapeutics Inc)

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall will constitute a quorum for a meeting of HoldersHolders of Notes; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shallwill, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall will be given as provided in Section 9.214.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall will state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall will constitute a quorum. Except as limited by the proviso to Section 8.212.2 hereof, any action to be taken or resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be taken or adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.212.2 hereof, any action to be taken or resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be taken or adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall 14.4 will be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 6 contracts

Sources: Supplemental Indenture (Store Capital LLC), Supplemental Indenture (Store Capital LLC), Supplemental Indenture (STORE CAPITAL Corp)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding then-Outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.216.02(a) hereof, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative third paragraph of Section 9.02 hereof) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesNotes then Outstanding represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 16.04 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 5 contracts

Sources: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons Persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 5 contracts

Sources: Fifth Supplemental Indenture (Phillips Edison & Company, Inc.), Fourth Supplemental Indenture (Phillips Edison & Company, Inc.), Third Supplemental Indenture (Phillips Edison & Company, Inc.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.212.02, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority in principal amount of quorum, the outstanding Notes; provided, however, that, except as limited by the proviso Persons entitled to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, vote 25% in principal amount of the outstanding Notes may be adopted at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any action or matter, except as otherwise specified herein, shall be effectively passed and decided if passed or decided by the affirmative Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesNotes represented and voting at such meeting. Any such resolution action or matter passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 12.05 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 5 contracts

Sources: Indenture (Acme Metals Inc /De/), Indenture (American Trans Air Execujet Inc), Indenture (American Trans Air Execujet Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66- 2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 5 contracts

Sources: Indenture (Bea Systems Inc), Indenture (Mercury Interactive Corporation), Indenture (Bea Systems Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66-2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 5 contracts

Sources: Indenture (Chiron Corp), Indenture (Teradyne Inc), Indenture (Ciena Corp)

Quorum; Action. (1) The persons Persons entitled to vote a majority 25% in principal amount of the outstanding Outstanding Notes of the applicable Series shall constitute a quorum for a meeting of HoldersHolders of Notes of such Series; provided, however, that that, if any action is to be taken at the such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of not less than a specified percentage in principal amount of the outstanding NotesOutstanding Notes of a Series, the persons holding or representing the Persons entitled to vote such specified percentage in principal amount of the outstanding Outstanding Notes will of such Series shall constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes of such Series, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of At the reconvening of any adjourned meeting meeting, the Holders of the Outstanding Notes entitled to vote at such adjourned meeting, present in person or represented by proxy, shall be given as provided in Section 9.2, except that such notice need be given only once not less than five days prior to constitute a quorum and shall transact the date on business for which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentagewas originally convened, as provided above, of the notwithstanding that they may not represent at least 25% in principal amount of the outstanding Notes which shall constitute a quorum. Outstanding Notes. (2) Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of not less than a majority in principal amount of the outstanding NotesOutstanding Notes of such Series as are entitled to vote at such meeting; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Outstanding Notes of a Series may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the outstanding Notes. Outstanding Notes of such Series present at such meeting. (3) Any such resolution passed or decision taken at any meeting of Holders of Notes of any Series duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Notes of such Series, whether or not such Holders were present or represented at the meeting. (4) Notwithstanding the foregoing provisions of this Section 14.4, if any action is to be taken at a meeting of Holders of Notes of any Series with respect to any request, demand, authorization, direction, notice, consent, waiver or other action that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage in principal amount of all Outstanding Notes affected thereby, or of the Holders of such Series and one or more additional Series: (a) there shall be no minimum quorum requirement for such meeting; and (b) the principal amount of the Outstanding Notes of such Series that vote in favor of such request, demand, authorization, direction, notice, consent, waiver or other action shall be taken into account in determining whether such request, demand, authorization, direction, notice, consent, waiver or other action has been made, given or taken under this Indenture.

Appears in 4 contracts

Sources: Indenture (Brookfield Property Partners L.P.), Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.2(a), except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 7.2) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities, whether or not such Holders were present or represented at the meeting.

Appears in 4 contracts

Sources: Indenture (Foster Wheeler LTD), Indenture (Curagen Corp), Indenture (Teva Pharmaceutical Finance Bv)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66-2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 4 contracts

Sources: Indenture (Amdocs LTD), Indenture (Juniper Networks Inc), Indenture (Affiliated Computer Services Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding then-Outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 ten days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.217.02(a) hereof, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative third paragraph of Section 9.02 hereof) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesNotes then Outstanding represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 17.04 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 4 contracts

Sources: Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.2(a) hereof, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 7.2 hereof) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities, whether or not such Holders were present or represented at the meeting.

Appears in 4 contracts

Sources: Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(a) hereof, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 8.2 hereof) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesNotes represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 3 contracts

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

Quorum; Action. The persons Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.21402(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2902, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 3 contracts

Sources: Indenture (New York Mortgage Trust Inc), Indenture (Ellington Financial LLC), Indenture (Ellington Financial LLC)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the such meeting with respect to a consent or waiver which the Indenture expressly provides may be given by the Holders of not less than a specified percentage majority in principal amount of the outstanding Outstanding Notes, the persons holding or representing the specified percentage Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes will shall constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.210.02(a), except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.28.02(a) and Section 6.02, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Outstanding Notes; provided, however, that, except as limited by Section 8.02(a) and Section 6.02, any resolution with respect to any consent or waiver which the proviso to Indenture expressly provides may be given by the Holders of a majority in principal amount of the Outstanding Notes may be adopted at a meeting or an adjourned meeting duly convened and at which a quorum is present as aforesaid only by the affirmative vote of the Holders of a majority in principal amount of the Outstanding Notes; and provided, further, that, except as limited by Section 8.28.02(a) and Section 6.02, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, majority in principal amount of the outstanding Outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Notes. Notwithstanding the preceding two paragraphs, any request, demand, authorization, direction, notice, consent, waiver or other action of Holders under the Indenture or the Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person or by an agent duly appointed in writing; and, except as otherwise expressly provided in the Indenture, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, when it is expressly required, to the Trust. The percentage of principal amount of the Outstanding Notes held by the Holders delivering such instruments which is required to approve any such action shall be the same as the percentage required for approval at a duly convened meeting of Holders. Any such resolution passed or decision taken at any meeting of Holders duly held or by duly executed instrument in accordance with this Section 9.4 shall be binding on all Holders of the HoldersNotes, whether or not such Holders were present or represented at the meeting.

Appears in 3 contracts

Sources: Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66-2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 3 contracts

Sources: Indenture (Exodus Communications Inc), Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of HoldersHolders of Notes; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.214.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.212.2 hereof, any action to be taken or resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be taken or adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.212.2 hereof, any action to be taken or resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be taken or adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 14.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 3 contracts

Sources: Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.)

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of HoldersHolders ; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.28.2 hereof, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.28.2 hereof, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 3 contracts

Sources: Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.02(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority in principal amount of quorum, the outstanding Notes; provided, however, that, except as limited by the proviso Persons entitled to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, vote 25% in principal amount of the outstanding Notes may be adopted at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the affirmative vote lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding NotesNotes represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Notes whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 3 contracts

Sources: Indenture (Orion Power Holdings Inc), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the outstanding Notes aggregate Liquidation Amount of the applicable Senior Preferred Shares shall constitute a quorum for a meeting of such Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned meeting shall state expressly for lack of a quorum, the percentage, as provided above, Holders of the principal amount of the outstanding Notes which applicable Senior Preferred Shares entitled to vote at such meeting present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of the applicable Senior Preferred Shares represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes shares of the applicable Senior Preferred Shares, may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding Notesshares of the applicable Senior Preferred Shares present at such meeting. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 3 contracts

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

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.28.2 hereof, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.28.2 hereof, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.)

Quorum; Action. The persons (1) Persons entitled to vote a majority at least 25% in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumDebentureholders. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersDebentureholders, be dissolved. In the absence of a quorum in any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, the Debentureholders present or represented at such adjourned meeting shall constitute the quorum and the business for which the meeting was adjourned may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingtransacted. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. . (2) Except as limited by the proviso to Section 8.214.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding NotesDebentures present or represented by proxy at such meeting or adjourned meeting; provided, however, that, except as limited by the proviso to Section 8.214.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Act that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes Outstanding Debentures may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Outstanding Debentures. (3) Any such resolution passed or decision taken at any meeting of Holders Debentureholders duly held in accordance with this Section 9.4 shall 11.5 will be binding on all the HoldersDebentureholders, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Indenture, Indenture

Quorum; Action. The persons 12.5.1 Persons entitled to vote a majority 25% in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In the absence of a quorum in any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, the Holders present or represented at such adjourned meeting shall constitute the quorum and the business for which the meeting was adjourned may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingtransacted. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2subsection 12.2.1, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. . 12.5.2 Except as limited by the proviso to Section 8.2subsection 15.1.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding NotesHolders of Debentures present or represented by proxy at such meeting or adjourned meeting; provided, however, that, except as limited by the proviso to Section 8.2subsection 15.1.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Act that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes Outstanding Debentures may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Outstanding Debentures. 12.5.3 Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall section 12.5 will be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may will be permitted to be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Essential Properties Realty Trust, Inc.), First Supplemental Indenture (Essential Properties Realty Trust, Inc.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount (or principal amount at maturity, as applicable) of the outstanding Notes Outstanding Securities of a series shall constitute a quorum for a meeting of HoldersHolders of Securities of such series; provided, however, that that, if any action is to be taken at the such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of not less than a specified percentage in principal amount (or principal amount at maturity, as applicable) of the outstanding NotesOutstanding Securities of a series, the persons holding or representing the Persons entitled to vote such specified percentage in principal amount of the outstanding Notes will Outstanding Securities of such series shall constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities of such series, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.21502(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an any adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes Outstanding Securities of such series which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for lack of a quorum the Persons entitled to vote 25% in principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2902, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of not less than a majority in principal amount (or principal amount at maturity, as applicable) of the outstanding NotesOutstanding Securities of that series; provided, however, that, except as limited by the proviso to Section 8.2902, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount (or principal amount at maturity, as applicable) of the outstanding Notes Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount (or principal amount at maturity, as applicable) of the outstanding NotesOutstanding Securities of that series. Any such resolution passed or decision taken at any meeting of Holders of Securities of any series duly held in accordance with this Section 9.4 1504 shall be binding on all the HoldersHolders of Securities of such series and the related coupons, whether or not such Holders were present or represented at the meeting. Notwithstanding the foregoing provisions of this Section 1504, if any action is to be taken at a meeting of Holders of Securities of any series with respect to any request, demand, authorization, direction, notice, consent, waiver or other action that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage in principal amount (or principal amount at maturity, as applicable) of all Outstanding Securities affected thereby, or of the Holders of such series and one or more additional series: (i) there shall be no minimum quorum requirement for such meeting; and (ii) the principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities of such series that vote in favor of such request, demand, authorization, direction, notice, consent, waiver or other action shall be taken into account in determining whether such request, demand, authorization, direction, notice, consent, waiver or other action has been made, given or taken under this Indenture.

Appears in 2 contracts

Sources: Indenture (International Specialty Products Inc /New/), Indenture (Protection One Alarm Monitoring Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 2 contracts

Sources: Indenture (Hewitt Associates Inc), Indenture (Exult Inc)

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.29.3 of the Base Indenture, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.29.3 of the Base Indenture, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Supplemental Indenture (BioMed Realty L P), Supplemental Indenture (BioMed Realty L P)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount aggregate Principal Amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount aggregate Principal Amount of the outstanding Notes which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount aggregate Principal Amount of the outstanding Notes may be adopted at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the affirmative vote lesser of (i) the Holders of not less than a majority in aggregate Principal Amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in aggregate Principal Amount of outstanding Notes represented and entitled to vote at such specified percentage in principal amount of the outstanding Notesmeeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Notes whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 2 contracts

Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.02, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority in principal amount of quorum, the outstanding Notes; provided, however, that, except as limited by the proviso Persons entitled to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, vote 25% in principal amount of the outstanding Notes may be adopted at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any action or matter, except as otherwise specified herein, shall be effectively passed and decided if passed or decided by the affirmative Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesNotes represented and voting at such meeting. Any such resolution action or matter passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 11.05 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Indenture (Knology Holdings Inc /Ga), Indenture (Knology Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than a majority in aggregate principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 2 contracts

Sources: Indenture (Connetics Corp), Indenture (Medarex Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders subsequent adjournment of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities and (ii) the Persons entitled to vote not less than 66 2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 2 contracts

Sources: Indenture (Solectron Corp), Indenture (Solectron Corp)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 9.212.02(a), except that such notice need may be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice The quorum at such adjourned meeting shall be the Persons then present and entitled to vote thereat and such quorum shall be expressly stated in such notice of the reconvening of an such adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorummeeting. Except as limited by the proviso to Section 8.2, any resolution presented at At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may aforesaid, any resolution and all matters (except as provided in Section 9.02 and except as otherwise stated in this Indenture) shall be adopted only effectively passed and decided if passed or decided by the affirmative Persons entitled to vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, Notes represented and voting at such meeting. Any resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Article 12 shall (except as limited by Section 9.02) be binding on all the proviso to Section 8.2Holders of Notes, any resolution with whether or not present or represented at the meeting (except in respect to of any request, demand, authorization, direction, notice, consent, waiver or other action which required, under the Indenture expressly provides may terms of this Indenture, to be made, given or taken by the Holders of a specified percentage, which is less than a majority, in greater principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting).

Appears in 2 contracts

Sources: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.210.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the persons entitled to vote 25% in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 9.2) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than 66 2/3% in aggregate principal amount of the outstanding NotesOutstanding Securities represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Indenture (Homebase Inc), Indenture (MRV Communications Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 662/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 2 contracts

Sources: Indenture (PMC Sierra Inc), Indenture (Abx Air Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 8.2) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than 66-2/3% in principal amount of the outstanding NotesOutstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities and coupons, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 2 contracts

Sources: Indenture (United Waste Systems Inc), Indenture (Staples Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66 2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 2 contracts

Sources: Indenture (Extreme Networks Inc), Indenture (Pep Boys Manny Moe & Jack)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount (or principal amount at maturity, as applicable) of the outstanding Notes Outstanding Securities of a series shall constitute a quorum for a meeting of HoldersHolders of Securities of such series; provided, however, that that, if any action is to be taken at the such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of not less than a specified percentage in principal amount (or principal amount at maturity, as applicable) of the outstanding NotesOutstanding Securities of a series, the persons holding or representing the Persons entitled to vote such specified percentage in principal amount of the outstanding Notes will Outstanding Securities of such series shall constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities of such series, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.218.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an any adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes Outstanding Securities of such series which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for lack of a quorum the Persons entitled to vote 25% in principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.29.02, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of not less than a majority in principal amount (or principal amount at maturity, as applicable) of the outstanding NotesOutstanding Securities of that series; provided, however, that, except as limited by the proviso to Section 8.29.02, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount (or principal amount at maturity, as applicable) of the outstanding Notes Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount (or principal amount at maturity, as applicable) of the outstanding NotesOutstanding Securities of that series. Any such resolution passed or decision taken at any meeting of Holders of Securities of any series duly held in accordance with this Section 9.4 18.04 shall be binding on all the HoldersHolders of Securities of such series and the related coupons, whether or not such Holders were present or represented at the meeting. Notwithstanding the foregoing provisions of this Section 18.04, if any action is to be taken at a meeting of Holders of Securities of any series with respect to any request, demand, authorization, direction, notice, consent, waiver or other action that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage in principal amount (or principal amount at maturity, as applicable) of all Outstanding Securities affected thereby, or of the Holders of such series and one or more additional series: (i) there shall be no minimum quorum requirement for such meeting; and (ii) the principal amount (or principal amount at maturity, as applicable) of the Outstanding Securities of such series that vote in favor of such request, demand, authorization, direction, notice, consent, waiver or other action shall be taken into account in determining whether such request, demand, authorization, direction, notice, consent, waiver or other action has been made, given or taken under this Indenture.

Appears in 2 contracts

Sources: Indenture (Hughes Electronics Corp), Indenture (Estee Lauder Companies Inc)

Quorum; Action. The persons Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes with respect to which a meeting shall have been called as hereinbefore provided, considered as one class, shall constitute a quorum for a meeting of HoldersHolders of Notes; provided, however, that if any action is to be taken at the such meeting with respect to a consent or waiver which this Indenture expressly provides may be given taken by the Holders of not a specified percentage that is less than a majority in principal amount of the Outstanding Notes, considered as one class, the Persons entitled to vote such specified percentage in principal amount of the outstanding Outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will considered as one class, shall constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meetingquorum, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice Except as provided in Section 13.5(e), notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.213.2(a), except that such notice need be given only once not less than five 5 days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.211.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in aggregate principal amount of the outstanding NotesOutstanding Notes with respect to which such meeting shall have been called, considered as one class; provided, however, that, except as limited by the proviso to Section 8.2so limited, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which percentage that is less than a majority, majority in principal amount of the outstanding Notes Outstanding Notes, considered as one class, may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Notes, considered as one class. Any such resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 13.4 shall be binding on all the HoldersHolders of Notes with respect to which such meeting shall have been held, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Sources: Trust Indenture (TermoEmcali Leasing LTD), Trust Indenture (TermoEmcali Leasing LTD)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66 2/3% in aggregate principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of any such resolutions or decisions pursuant to Section 1.6.

Appears in 2 contracts

Sources: Indenture (Sonus Networks Inc), Indenture (Sonus Networks Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the 66 time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 8.2 and except to the extent Section 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than 66-2/3% in principal amount of the outstanding NotesOutstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Alcatel Usa Inc)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 15 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 15 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 15 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 15 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 15 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 15 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 15 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 15 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 15 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons Persons entitled to vote a majority in principal amount at least 51% of the outstanding Outstanding Principal Amount of the Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumNoteholders. In the absence of a quorum within 30 60 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersNoteholders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) calendar days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) calendar days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.212.4, except that such notice need be given only once not less than five (5) calendar days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount Outstanding Principal Amount of the outstanding Notes which that shall constitute a quorum. Except as limited by the proviso to the first paragraph of Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount at least 51% of the outstanding Outstanding Principal Amount of the Notes; provided, however, that, except as limited by the proviso to the first paragraph of Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount 51% of the outstanding Notes Outstanding Principal Amount of the Notes, may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Principal Amount of the Notes. Any such resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 Article VI shall be binding on all the HoldersNoteholders, whether or not such Holders were present or represented at the meeting. Notwithstanding the foregoing provisions of this Article VI, if any action is to be taken at a meeting of Noteholders with respect to any request, demand, authorization, direction, notice, consent, waiver or other action that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage in aggregate Outstanding Principal Amount of the Notes affected thereby, or of the Noteholders: (1) there shall be no minimum quorum requirement for such meeting; and (2) the aggregate Outstanding Principal Amount of the Notes that vote in favor of such request, demand, authorization, direction, notice, consent, waiver or other action shall be taken into account in determining whether such request, demand, authorization, direction, notice, consent, waiver or other action has been made, given or taken under this Indenture.

Appears in 1 contract

Sources: Indenture Agreement (CNL Hospitality Properties Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Debentures, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.2(a) hereof, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Debentures which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Debentures at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 7.2 hereof) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Debentures represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Debentures duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Debentures, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (Primus Telecommunications Group Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders subsequent adjournment of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Solectron Corp)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Debentures, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.2(a), except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Debentures which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Debentures at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 7.02 of the Holders of such specified percentage Base Indenture) shall be effectively passed and decided if passed or decided by the Persons entitled to vote not less than a majority in principal amount of the outstanding NotesOutstanding Debentures represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Debentures duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Debentures, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: First Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)

Quorum; Action. The persons Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingreconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote of the Holders of such specified percentage proviso to Section 8.02) shall be effectively passed and decided if passed or decided by not less than a majority in aggregate principal amount of the outstanding Notes. Any Outstanding Securities represented and entitled to vote at such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (Veritas Software Corp)

Quorum; Action. The persons Persons entitled to vote a majority in -------------- principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66- 2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Exodus Communications Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum “quorum” for a meeting of Holders; providedHolders of Securities, however, that any modification postponing the date for payment of any interest, reducing or canceling any amount of principal or the rate of interest payable or altering the currency of payment in respect of the Securities will only be binding if any action is to be taken passed at the a meeting with respect to a consent or waiver which may be given by the of Holders of not less than a specified percentage in principal amount at least 66 2/3% of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute Securities (a “special quorum”). In the absence of a quorum or a special quorum, as the case may be, within 15 minutes (or such longer period not exceeding 30 minutes after as the chairman may decide) of the time appointed for any such meeting, the meeting shall, shall if convened at upon the request requisition of Holders, Holders be dissolved. In any other case it shall stand adjourned to the same day in the next week (or if such day is not a Letter of Credit Business Day the next succeeding Letter of Credit Business Day) at the same time and place. If within 15 minutes (or such longer period not exceeding 30 minutes as the chairman may decide) after the time appointed for any adjourned meeting a quorum or a special quorum, as the case may be adjourned be, is not present for the transaction of any particular business, then, subject and without prejudice to the transaction of the business (if any) for which a period quorum or a special quorum, as the case may be, is present, the chairman may either (with the approval of the Trustee) dissolve such meeting or adjourn the same for such period, being not less than 10 ten calendar days (but without any maximum number of calendar days), and to such place as determined may be appointed by the chairman of the meeting prior either at or subsequent to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be and approved by the Trustee, and the provisions of this sentence shall apply to all further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeetings. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.215.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the a reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes Outstanding Securities of such series which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders of Securities of any series duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities of such series, whether or not such Holders were present presented or represented at the meeting. However, for the avoidance of doubt, no actions taken at such meeting shall be binding on all Holders of Securities unless such actions were approved by the minimum percentage in principal amount of the Outstanding Securities of the series as required elsewhere in this Indenture with respect to such actions.

Appears in 1 contract

Sources: Indenture (Votorantim Pulp & Paper Inc)

Quorum; Action. The persons entitled to vote at least a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.210.2 of this First Supplemental Indenture, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.29.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of at least a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.29.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 10.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: First Supplemental Indenture (Angel Oak Mortgage REIT, Inc.)

Quorum; Action. The persons Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.215.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 9.2 and except to the extent Section 10.8 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66-2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Advanced Energy Industries Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.21702(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 902 and except to the extent Section 1010 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66-2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 106.

Appears in 1 contract

Sources: Indenture (Mindspring Enterprises Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Debentures, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.2(a), except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Debentures which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Debentures at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 7.02 of the Holders of such specified percentage Base Indenture shall be effectively passed and decided if passed or decided by the Persons entitled to vote not less than a majority in principal amount of the outstanding NotesOutstanding Debentures represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Debentures duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Debentures, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: First Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.27.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 6.02) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in aggregate principal amount of the outstanding NotesOutstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities and coupons, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.06.

Appears in 1 contract

Sources: Indenture (Macerich Co)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.27.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 6.02) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than a majority in aggregate principal amount of the outstanding NotesOutstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.06.

Appears in 1 contract

Sources: Indenture (Noble International LTD)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Notes at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Notes and (ii) the outstanding NotesPersons entitled to vote not less than 66-2/3% in principal amount of Outstanding Notes represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Notes whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (American Greetings Corp)

Quorum; Action. The persons Persons entitled to vote a majority in -------------- principal amount of the outstanding Notes Outstanding Debt Securities of a series shall constitute a quorum for a meeting of HoldersHolders of Debt Securities of such series; provided, however, that if any action is to be taken at the such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of not less than a specified percentage in principal amount of the outstanding NotesOutstanding Debt Securities of a series, the persons holding or representing the Persons entitled to vote such specified percentage which is less or more than a majority in principal amount of the outstanding Notes will Outstanding Debt Securities of such series shall constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Debt Securities of such series, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.21502(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an any adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes Outstanding Debt Securities of such series which shall constitute a quorum. Except as limited by the proviso to Section 8.2902, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding NotesOutstanding Debt Securities of that series; provided, however, that, except as limited by the proviso to Section 8.2902, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less or more than a majority, in principal amount of the outstanding Notes Outstanding Debt Securities of a series may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding NotesOutstanding Debt Securities of that series. Any such resolution passed or decision taken at any meeting of Holders of Debt Securities of any series duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Debt Securities of such series and the related coupons, whether or not such Holders were present or represented at the meeting. Notwithstanding the foregoing provisions of this Section 1504, if any action is to be taken at a meeting of Holders of Debt Securities of any series with respect to any request, demand, authorization, direction, notice, consent, waiver or other action that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage in principal amount of all Outstanding Debt Securities affected thereby, or by the Holders of a specified percentage in principal amount of the Outstanding Debt Securities of such series and one or more additional series: (i) there shall be no minimum quorum requirement for such meeting; and (ii) the principal amount of the Outstanding Debt Securities of such series that are entitled to vote in favor of such request, demand, authorization, direction, notice, consent, waiver or other action shall be taken into account in determining whether such request, demand, authorization, direction, notice, consent, waiver or other action has been made, given or taken under this Indenture.

Appears in 1 contract

Sources: Indenture (Bre Properties Inc /Md/)

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by Section 9.3 of the proviso to Section 8.2Base Indenture, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by Section 9.3 of the proviso to Section 8.2Base Indenture, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Supplemental Indenture (Excel Trust, L.P.)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 10 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 10 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 10 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 10 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 10 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 10 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 10 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 10 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 10 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Senior Preferred Shares shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSenior Preferred Shares. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Senior Preferred Shares, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2.1, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Senior Preferred Shares entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Senior Preferred Shares represented at such meeting in person or by proxy and voting at such meeting; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Senior Preferred Shares, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSenior Preferred Shares represented at such meeting in person or by proxy and voting at such meeting. Any such resolution passed or decision taken at any meeting of Holders of Senior Preferred Shares duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Senior Preferred Shares, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Infrastructure Partners L.P.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the then outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case case, the meeting 45 may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.28.02(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the then outstanding Notes which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the then outstanding Notes; provided, however, that, except as limited by Notes at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the affirmative vote lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of then outstanding Notes and (ii) the Persons entitled to vote not less than 66-?% in principal amount of then outstanding NotesNotes represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of any such resolutions or decisions in accordance with Section 12.02.

Appears in 1 contract

Sources: Indenture (Community Health Systems Inc/)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of the Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.212.0, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Debentures which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which lack of a quorum is present as aforesaid may be adopted only by the affirmative Persons entitled to vote of the Holders of a majority 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Debentures at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 11.02), shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage a majority in principal amount of the outstanding NotesOutstanding Debentures represented and voting at such meeting. Any such resolution passed or decision taken at any meeting of the Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (First Nationwide Holdings Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five 5 days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66 2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Realnetworks Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in aggregate principal amount of all Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66"% in aggregate principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Atmi Inc)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 14 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 14 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 14 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 14 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 14 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 14 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 14 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 14 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 14 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.28.2 hereof, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.28.2 hereof, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Supplemental Indenture (Digital Realty Trust, L.P.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 8.2 and except to the extent Section 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than 66-2/3% in principal amount of the outstanding NotesOutstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (DSC Communications Corp)

Quorum; Action. The persons Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Notes, shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the such meeting with respect to a consent or waiver which this Indenture expressly provides may be given taken by the Holders of not a specified percentage, which is less than a specified percentage majority, in principal amount of the outstanding Notes, the persons holding or representing the Persons entitled to vote such specified percentage in principal amount of the outstanding Notes will shall constitute a quorum. In the absence of a quorum within 30 minutes after one hour of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, Holders be dissolved. In any other case the meeting may be adjourned for a such period of not less than 10 days as may be determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a such period of not less than 10 days as may be determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice Except as provided by Section 14.05(e), notice of the reconvening of any meeting adjourned meeting for more than 76 30 days shall be given as provided in Section 9.2, except that such notice need be given only once 14.02(a) not less than five 10 days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which that shall constitute a quorum. Except as limited by the proviso to Section 8.212.02, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2so limited, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (Nextera Energy Partners, Lp)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 11 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 11 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 11 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 11 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 11 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 11 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 11 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 11 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 11 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons entitled to vote at least a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.210.2 of this Second Supplemental Indenture, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.29.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of at least a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.29.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 10.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Second Supplemental Indenture (Angel Oak Mortgage REIT, Inc.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66?% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Anadigics Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes shall constitute a quorum for a meeting of HoldersHolders of Notes; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Outstanding Notes, the persons Persons holding or representing the specified percentage in principal amount of the outstanding Outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.214.02, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.29.02, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.29.02, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 14.04 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (GLG Partners, Inc.)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 8 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 8 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 8 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 8 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 8 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 8 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 8 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 8 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 8 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders subsequent adjournment of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote of proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities represented at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Epix Medical Inc)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 13 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 13 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 13 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 13 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 13 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 13 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 13 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 13 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 13 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.21302(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the persons entitled to vote 25% in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative proviso to Section 902) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of such specified percentage not less than 66 2/3% in aggregate principal amount of the outstanding NotesOutstanding Securities represented and voting at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (Staples Inc)

Quorum; Action. The persons (1) Persons entitled to vote a majority 25% in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumDebentureholders. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersDebentureholders, be dissolved. In the absence of a quorum in any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, the Debentureholders present or represented at such adjourned meeting shall constitute the quorum and the business for which the meeting was adjourned may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingtransacted. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. . (2) Except as limited by the proviso to Section 8.212.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of holders of, collectively, a majority in principal amount of the outstanding NotesDebentures present or represented by proxy at such meeting or adjourned meeting; provided, however, that, except as limited by the proviso to Section 8.212.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Act that this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes Outstanding Debentures may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders holders of such specified percentage in principal amount of the outstanding Notes. Outstanding Debentures. (3) Any such resolution passed or decision taken at any meeting of Holders Debentureholders duly held in accordance with this Section 9.4 shall 9.5 will be binding on all the HoldersDebentureholders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 12 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 12 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 12 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 12 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 12 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 12 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 12 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 12 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 12 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes shall constitute a quorum for a meeting of HoldersHolders of Notes; provided, provided however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Outstanding Notes, the persons Persons holding or representing the specified percentage in principal amount of the outstanding Outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.21502(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2902, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2902, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action Act which the this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (Sl Green Realty Corp)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.8 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66 2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Cogent Communications Group Inc)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of a series shall constitute a quorum for a meeting of HoldersHolders of Securities of such series; providedPROVIDED, howeverHOWEVER, that if any action is to be taken at the such meeting with respect to a consent any request, demand, authorization, direction, notice, consent, waiver or waiver other action which this Indenture expressly provides may be made, given or taken by the Holders of not less than a specified percentage in principal amount of the outstanding NotesOutstanding Securities of a series, then with respect to such action (and only such action) the persons holding or representing the Persons entitled to vote such specified percentage in principal amount of the outstanding Notes will Outstanding Securities of such series shall constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities of such series, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at the reconvening of any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.21502(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.be

Appears in 1 contract

Sources: Indenture (Simon Property Group Lp)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote of proviso to Section 8.2 and except to the extent Section 10.11 requires a different vote) shall be effectively passed and decided if passed or decided by the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesOutstanding Securities. 72 Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting, so long as such resolutions and decisions are in writing. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Reliant Resources Inc)

Quorum; Action. The persons Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.214.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.29.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (Great Ajax Corp.)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.210.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the persons entitled to vote 25% in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.proviso to

Appears in 1 contract

Sources: Indenture (Genesco Inc)

Quorum; Action. The persons entitled to vote a majority in principal amount Holders representing not less than 25% of the aggregate Liquidation Amount of all of the then outstanding Notes Series 9 Preferred LP Units shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorumSeries 9 Preferred LP Units. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Series 9 Preferred LP Units, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.211.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of At the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 9 Preferred LP Units entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented at to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of representing not less than a majority in principal amount of the outstanding Notesaggregate Liquidation Amount of Series 9 Preferred LP Units represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage, percentage which is more or less than a majority, in principal amount majority of the aggregate Liquidation Amount of all of the then outstanding Notes Series 9 Preferred LP Units, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of not less than such specified percentage in principal amount of the aggregate Liquidation Amount of all of the then outstanding NotesSeries 9 Preferred LP Units. Any such resolution passed or decision taken at any meeting of Holders of Series 9 Preferred LP Units duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Series 9 Preferred LP Units, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.210.2, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 8.2, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders of a majority in principal amount of the outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the Holders of such specified percentage in principal amount of the outstanding Notes. Any such resolution passed or decision taken at any meeting of Holders duly held in accordance with this Section 9.4 10.4 shall be binding on all the Holders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: First Supplemental Indenture (First Industrial Lp)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Notes, be dissolved. In any other case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.212.02, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Except as limited by 91 84 Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority in principal amount of quorum, the outstanding Notes; provided, however, that, except as limited by the proviso Persons entitled to Section 8.2, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, vote 25% in principal amount of the outstanding Notes may be adopted at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any action or matter, except as otherwise specified herein, shall be effectively passed and decided if passed or decided by the affirmative Persons entitled to vote of the Holders of such specified percentage not less than a majority in principal amount of the outstanding NotesNotes represented and voting at such meeting. Any such resolution action or matter passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 9.4 12.05 shall be binding on all the HoldersHolders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Sources: Indenture (Powertel Inc /De/)

Quorum; Action. The persons Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed -66- or decided by the lesser of (i) the Holders of such specified percentage not less than a majority in principal amount of Outstanding Securities and (ii) the outstanding NotesPersons entitled to vote not less than 66 2/3% in principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders, Holders of Securities whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Sources: Indenture (Corixa Corp)

Quorum; Action. The persons Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of HoldersHolders of Securities, be dissolved. In any other case case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meetingreconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.29.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage, as provided above, percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Except as limited by Subject to the proviso to Section 8.2foregoing, at the reconvening of any resolution presented at meeting adjourned for a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote of the Holders lack of a majority quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes; provided, however, that, except as limited by Outstanding Securities at the proviso to Section 8.2, time shall constitute a quorum for the taking of any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which set forth in the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount notice of the outstanding Notes may be adopted at original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid aforesaid, any resolution and all matters (except as limited by the affirmative vote of the Holders of such specified percentage proviso to Section 8.02) shall be effectively passed and decided if passed or decided by not less than a majority in aggregate principal amount of the outstanding NotesOutstanding Securities represented and entitled to vote at such meeting. Any such resolution passed or decision decisions taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the HoldersHolders of Securities, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.06.

Appears in 1 contract

Sources: Indenture (Ventro Corp)