Common use of Securityholder Action by Written Consent Clause in Contracts

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 74 contracts

Samples: Trust Agreement (Schwab Charles Corp), Trust Agreement (Mellon Financial Corp), Trust Agreement (Metro Capital Trust V)

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Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66-2/3% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 69 contracts

Samples: Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Alabama Power Co), Trust Agreement (Semco Energy Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 28 contracts

Samples: Trust Agreement (Actuant CORP Capital Trust II), Trust Agreement (HPT Capital Trust I), Trust Agreement (Newell Financial Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 22 contracts

Samples: Trust Agreement (J P Morgan Chase & Co), Trust Agreement (Countrywide Financial Corp), Trust Agreement (Susquehanna Capital IV)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 20 contracts

Samples: Trust Agreement (BFC Capital Trust Ii), Trust Agreement (Bancfirst Corp /Ok/), Trust Agreement (Silicon Valley Bancshares)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 18 contracts

Samples: Trust Agreement (PPL Capital Funding Inc), Trust Agreement (FPL Group Inc), Trust Agreement (American Electric Power Co Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 17 contracts

Samples: Trust Agreement (Bridge Bancorp Inc), Trust Agreement (PCC Capital I), Trust Agreement (Sal Trust Preferred Fund I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Trust Preferred Securities (based upon their Liquidation Amount) entitled required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 10 contracts

Samples: Trust Agreement (Pseg Funding Trust Ii), Trust Agreement (Pseg Funding Trust Ii), Trust Agreement (Pseg Power Capital Trust V)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 10 contracts

Samples: Trust Agreement (American Coin Merchandising Trust Iv), Trust Agreement (Yardville Capital Trust), Trust Agreement (Us Home & Garden Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 8 contracts

Samples: Trust Agreement (Tu Electric Capital I), Trust Agreement (Tu Electric Capital Ii), Trust Agreement (Tu Electric Capital I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without notice if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 8 contracts

Samples: Agreement (Txu Electric Capital Viii), Trust Agreement (Txu Capital Iv), Agreement (Texas Utilities Co /Tx/)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than at least a majority of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 7 contracts

Samples: Trust Agreement (HPH Homebuilders 2000 Lp), Trust Agreement (DRH Regrem Xii Lp), Trust Agreement (Semco Energy Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 7 contracts

Samples: Expense Agreement (Midamerican Energy Financing Ii), Trust Agreement (Midamerican Energy Financing Ii), Trust Agreement (Tu Electric Capital V)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than at least a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 6 contracts

Samples: Trust Agreement (First Tennessee National Corp), Trust Agreement (First Tennessee Capital Iv), Trust Indenture Trust Agreement (First Tennessee National Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without prior notice and a meeting if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Trust Preferred Securities (based upon their Liquidation Amount) entitled required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing. Prompt notice of the taking of any action by written consent shall be provided to the Holders who did not consent to the taking of such action.

Appears in 6 contracts

Samples: Trust Agreement (Hawaiian Electric Co Inc), Trust Agreement (Maui Electric Co LTD), Trust Agreement (Redwood Capital Trust Ii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Trust Securities (based upon their Liquidation Amount) entitled required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 6 contracts

Samples: Trust Agreement (Public Service Electric & Gas Co), Trust Agreement (Public Service Electric & Gas Co), Trust Agreement (Public Service Enterprise Group Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation AmountAmounts) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 5 contracts

Samples: Trust Agreement (Owens Corning Capital Iv), Agreement (Owens Corning Capital Ii), Trust Agreement (Owens Corning Capital Ii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66 2/3% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 5 contracts

Samples: Trust Agreement (Citizens Communications Co), Trust Agreement (Duke Capital Financing Trust Vi), Trust Agreement (Duke Capital Financing Trust Vi)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 4 contracts

Samples: Trust Agreement (Bancorpsouth Inc), Trust Agreement (Bancorpsouth Inc), Trust Agreement (Bancorpsouth Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 4 contracts

Samples: Trust Agreement (Paradigm Capital Trust Ii), Trust Agreement (Wintrust Capital Trust I), Trust Agreement (Wintrust Capital Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without prior notice and without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 4 contracts

Samples: Trust Agreement (AmerUs Capital V), Trust Agreement (Principal Financial Group Inc), Trust Agreement (Principal Financial Group Inc)

Securityholder Action by Written Consent. Any nt action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66-2/3% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 4 contracts

Samples: Trust Agreement (Gulf Power Capital Trust Ii), Trust Agreement (Gulf Power Capital Trust Ii), Trust Agreement (Gulf Power Capital Trust Ii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more not less than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (action, or such larger proportion thereof (based upon their aggregate Liquidation Amount) as shall be required by any express provision of this Trust Agreement) , shall consent to the action in writing.

Appears in 4 contracts

Samples: Trust Agreement (San Rafael Bancorp), Trust Agreement (Alabama National Bancorporation), Trust Agreement (Enterprise Financial Services Corp)

Securityholder Action by Written Consent. Any action which that may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust AgreementDeclaration of Trust) shall consent to the action in writing.

Appears in 4 contracts

Samples: Guaranty Capital Trust I, Resource Capital Trust I, Highlands Capital Trust I

Securityholder Action by Written Consent. Any action which may be taken by the Securityholders at a meeting may be taken without a meeting if the Securityholders holding more than a majority of all of the Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 4 contracts

Samples: Trust Agreement (Tompkins Financial Corp), Trust Agreement (Reinsurance Group of America Inc), Trust Agreement (NPB Capital Trust Ii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Trust Securities (based upon their Liquidation Amount) entitled Securities, or class thereof required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 4 contracts

Samples: Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp), Agreement (Usf&g Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Preferred Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 4 contracts

Samples: Section Agreement (Cna Financial Corp), Trust Agreement (Cna Financial Capital Iii), Trust Agreement (Cna Financial Capital Iii)

Securityholder Action by Written Consent. Any required approval or action which may be given or taken by Securityholders at a meeting convened for such purpose may be given or taken without a meeting and without prior notice if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 4 contracts

Samples: Trust Agreement (PartnerRe Finance B LLC), Trust Agreement (PartnerRe Finance B LLC), Trust Agreement (Ace LTD)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more not less than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 3 contracts

Samples: Trust Agreement (Ozark Capital Trust), Trust Agreement (Bank of the Ozarks Inc), Trust Agreement (Taylor Capital Group Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Preferred Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing, provided that for the purposes of this Section 6.6, the Affiliate Securities shall be treated as if they were not outstanding.

Appears in 3 contracts

Samples: Trust Agreement (Teco Energy Inc), Trust Agreement (Teco Energy Inc), Trust Agreement (Teco Capital Trust Iii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Trust Preferred Securities (based upon their Liquidation Amount) entitled required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 3 contracts

Samples: Trust Agreement (Public Service Enterprise Group Inc), Trust Agreement (Public Service Electric & Gas Co), Trust Agreement (Public Service Enterprise Group Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without notice if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 3 contracts

Samples: Trust Agreement (Atlas Air Capital Iii), Trust Agreement (Atlas Air Capital Iii), Trust Agreement (Atlas Air Capital Iii)

Securityholder Action by Written Consent. Any action which that ---------------------------------------- may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust AgreementDeclaration of Trust) shall consent to the action in writing.

Appears in 2 contracts

Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Bear Stearns Capital Trust I), Trust Agreement (Oneok Inc /New/)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if all Securityholders are provided with a request for written consent and Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 2 contracts

Samples: Trust Agreement (First Merchants Corp), Trust Agreement (First Merchants Corp)

Securityholder Action by Written Consent. Any action which that may ---------------------------------------- be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)

Securityholder Action by Written Consent. Any action which may ---------------------------------------- be taken by the Securityholders at a meeting may be taken without a meeting if the Securityholders holding more Trust Securities having an aggregate Liquidation Amount not less than a majority of the aggregate Liquidation Amount of all Outstanding of the outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Abc Bancorp Capital Trust I), Trust Agreement (Abc Bancorp Capital Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust AgreementDeclaration) shall consent to the action in writing. Prompt notice of the taking of action without a meeting shall be given to the Holders entitled to vote who have not consented in writing.

Appears in 2 contracts

Samples: Superior Trust I, Superior Trust I

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority 50% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 2 contracts

Samples: Trust Agreement (Mony Group Inc), Trust Agreement (Mony Group Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Sierra Pacific Resources Capital Trust Ii), Trust Agreement (Sierra Pacific Resources Capital Trust Ii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Trust Preferred Securities (based upon their Liquidation Amount) entitled required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Heco Capital Trust I), Trust Agreement and Agreement (Hawaiian Electric Co Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than Holders of at least a majority of all the aggregate Liquidation Amount of the Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Atlantic City Electric Co), Trust Agreement (Atlantic Capital Ii)

Securityholder Action by Written Consent. Any action which ---------------------------------------- may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66-2/3% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 2 contracts

Samples: Trust Agreement (Duke Capital Financing Trust Iii), Trust Agreement (Duke Energy Capital Trust Ii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66 2/3% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.writing (based upon their Liquidation Amount). Section 6.07

Appears in 2 contracts

Samples: Trust Agreement (Duke Capital Financing Trust V), Trust Agreement (Duke Energy Capital Trust Iii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Western Resources Capital Ii), Trust Agreement (Southwestern Public Service Co)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Preferred Trust Securities (based upon their Liquidation Amount) entitled required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Southwest Gas Corp), Trust Agreement (Southwest Gas Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66-2/3% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Preference).

Appears in 2 contracts

Samples: Trust Agreement (Southern Energy Inc), Trust Agreement (Sei Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 2 contracts

Samples: Trust Agreement (Omnicare Capital Trust Iii), Trust Agreement (NCS of Illinois Inc)

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Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than at least a majority of all Outstanding Trust LLC Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Delphi Financial Group Inc/De

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if Securityholders holding more than a majority of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (J P Morgan Chase Capital X)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Preferred Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 1 contract

Samples: Trust Agreement (GBB Capital I)

Securityholder Action by Written Consent. Any action ----------------------------------------- which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Alcoa Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if Securityholders holding more than a majority Majority in Liquidation Amount of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Bear Stearns Capital Trust Iv)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Preference and Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Lucent Technologies Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more not less than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 1 contract

Samples: Trust Agreement (Greater Atlantic Financial Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more not less than a majority of all Outstanding outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 1 contract

Samples: Trust Agreement (Nextel Communications Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more at least than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (First Tennessee Capital Iv)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of the Trust Agreement or this Trust AgreementAnnex I) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (CNB Capital Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 1 contract

Samples: Trust Agreement (Enserch Capital I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting and without prior notice if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing. SECTION 6.7.

Appears in 1 contract

Samples: Guarantee Agreement (Edison International)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more not less than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Agreement (Bankunited Financial Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66-2/3% of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust AgreementAmended and Restated Declaration of Trust) shall consent to the action in writing.

Appears in 1 contract

Samples: Expenses and Liabilities (Exelon Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more not less than a majority in Liquidation Amount of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Telebanc Financial Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing. Section 6.07.

Appears in 1 contract

Samples: Trust Agreement (Pacific Gas & Electric Co)

Securityholder Action by Written Consent. Any action ----------------------------------------- which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority Holders of all the proportion of the Outstanding Trust Preferred Securities (based upon their Liquidation Amount) entitled required to vote in respect of approve such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (SJG Capital Trust)

Securityholder Action by Written Consent. Any action ---------------------------------------- which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Rouse Company)

Securityholder Action by Written Consent. Any action which ---------------------------------------- may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation AmountPreference) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (United Rentals Inc /De)

Securityholder Action by Written Consent. Any Subject to Section 6.1(e), any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger or smaller proportion thereof as shall be required by any express provision of this Trust AgreementAgreement or the Indenture) shall consent to the action in writingwriting or by other means permitted by rules or programs of the Clearing Agency.

Appears in 1 contract

Samples: Trust Agreement (Harleysville Group Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust AgreementDeclaration of Trust) shall consent to the action in writing.

Appears in 1 contract

Samples: Boise Cascade Corp

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders Holders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger or smaller proportion thereof as shall be required by any express provision of this Trust AgreementAgreement or the Indenture) shall consent to the action in writingwriting or by other means permitted by rules or programs of the Clearing Agency.

Appears in 1 contract

Samples: Trust Agreement (Radian Group Capital Trust II)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation AmountValue) entitled to vote in respect of such action act ion (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Sinclair Broadcast Group Inc)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities entitled to vote at the meeting (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust AgreementDeclaration of Trust) shall consent to the action in writing. SECTION 6.7.

Appears in 1 contract

Samples: Republic New York Capital Iv

Securityholder Action by Written Consent. Any action which that may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more not less than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger or lesser proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Dominion Resources Inc /Va/)

Securityholder Action by Written Consent. Any action which that may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Exchange and Registration Rights Agreement (Aon Corp)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66?% of all Outstanding outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their Liquidation Amount).

Appears in 1 contract

Samples: Trust Agreement (Defs Capital Trust I)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority of all Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount). No prior notice for such written consent shall be required to be given to the Securityholders.

Appears in 1 contract

Samples: Trust Agreement (Americredit Capital Trust I)

Securityholder Action by Written Consent. Any action which may ---------------------------------------- be taken by the Securityholders at a meeting may be taken without a meeting and without prior notice if the Securityholders holding more than a majority of all of the Outstanding Trust Securities (based upon their aggregate Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Ctbi Preferred Capital Trust Ii)

Securityholder Action by Written Consent. Any action which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than [a majority majority] of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any express provision of this Trust AgreementDeclaration of Trust) shall consent to the action in writing.

Appears in 1 contract

Samples: Boise Cascade Trust Iii

Securityholder Action by Written Consent. Any action ----------------------------------------- which may be taken by Securityholders at a meeting may be taken without a meeting if Securityholders holding more than a majority at least 66-2/3% of all Outstanding Trust Securities (based upon their Liquidation Amount) entitled to vote in respect of such action (or such larger other proportion thereof as shall be required by any express provision of this Trust Agreement) shall consent to the action in writingwriting (based upon their aggregate Liquidation Amount).

Appears in 1 contract

Samples: Trust Agreement (Yorkshire Power Group LTD)

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