Common use of Acts of Holders Clause in Contracts

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 69 contracts

Samples: Indenture (Nice Systems LTD), Entergy Mississippi Inc, Nice Systems LTD

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Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the Holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments and so executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of Holders voting in favor thereof at any meeting of such meeting. Proof Holders duly called and held in accordance with the provisions of execution Article Nine, or (c) by a combination of any such instrument or of a writing appointing instruments and any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306Holders.

Appears in 18 contracts

Samples: Indenture (United Companies Financial Corp), Indenture (Hilton Hotels Corp), Indenture (Rga Capital Trust Ii)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany and the Guarantor. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee Trustee, the Company and the CompanyGuarantor, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 14 contracts

Samples: Indenture (Txu Eastern Holdongs LTD), Indenture (FPL Group Inc), Indenture (Txu Europe Funding I L P)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the Holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments and so executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of Holders voting in favor thereof at any meeting of such meeting. Proof Holders duly called and held in accordance with the provisions of execution Article Nine, or (c) by a combination of any such instrument or of a writing appointing instruments and any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306Holders.

Appears in 9 contracts

Samples: Genesee & Wyoming Inc, Calgon Carbon Corporation, Calgon Carbon Corporation

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders Holders, in person or by an agent duly appointed in writing or, alternatively, or may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen10, or a combination of such instruments and any such record. Except or record and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, agent or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this SectionSection and Section 10.06. The record of any meeting of Holders shall be proved in the manner provided in Section 130610.06.

Appears in 8 contracts

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

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXIII, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Debt Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 7 contracts

Samples: Devon Financing Trust Ii, North Carolina Natural Gas Corp, Florida Power Corp /

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced or by the record of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article ThirteenFifteen; and, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or any such record or both are is delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer or any Guarantor. Such instrument or instruments and any or such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so or voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee Trustee, the Issuer and the Company, any Guarantor if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130615.07 and the record so proved shall be sufficient for any purpose of this Indenture and conclusive in favor of the Trustee, the Issuer and any Guarantor, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenFourteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9011001) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061406.

Appears in 6 contracts

Samples: Indenture (PPL Electric Utilities Corp), PPL Electric Utilities Corp, Oncor Electric Delivery Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced or by the record of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article ThirteenFifteen; and, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or any such record or both are is delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer. Such instrument or instruments and any or such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so or voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, Issuer if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130615.07 and the record so proved shall be sufficient for any purpose of this Indenture and conclusive in favor of the Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders Holders, in person or by an agent duly appointed in writing or, alternatively, or may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen12, or a combination of such instruments and any such record. Except or record and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, agent or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this SectionSection and Section 12.06. The record of any meeting of Holders shall be proved in the manner provided in Section 130612.06.

Appears in 6 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Pennsylvania Real Estate Investment Trust, Pennsylvania Real Estate Investment Trust

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture Trust Agreement to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of this Article ThirteenVI, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyProperty Trustee. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Trust Security, shall be sufficient for any purpose of this Indenture Trust Agreement and (subject to Section 901801) conclusive in favor of the Trustee and the CompanyTrustees, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306605.

Appears in 6 contracts

Samples: Trust Agreement (Great Plains Energy Inc), Trust Agreement (Union Electric Capital Trust I), Trust Agreement (Great Plains Energy Inc)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of any series may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent proxies duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of such Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article Thirteenthe applicable supplemental indenture in respect of a series of Securities, or (iii) a combination of such instruments and any such recordrecord and one or more instruments of substantially similar tenor signed by such Holders in person or by proxies duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such record and/or instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuers. Such record or instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 9016.01) conclusive in favor of the Trustee and the CompanyIssuers, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 1306the applicable supplemental indenture in respect of a series of Securities.

Appears in 5 contracts

Samples: Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp), Suburban Propane Partners Lp

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the Holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments and so executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of Holders voting in favor thereof at any meeting of such meeting. Proof Holders duly called and held in accordance with the provisions of execution Article IX, or (c) by a combination of any such instrument or of a writing appointing instruments and any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306Holders.

Appears in 5 contracts

Samples: Indenture (Rga Capital Trust Ii), Reinsurance Group of America Inc, Reinsurance Group of America Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders holders of Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders holders signing such instrument or instruments. Whenever in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the Outstanding Notes may take any Act, the fact that the holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments executed by holders in person or by agent or proxy appointed in writing, or (b) by the record of holders voting in favor thereof at any meeting of such holders duly called and held in accordance with the provisions of Article 9, or (c) by a combination of such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306holders.

Appears in 5 contracts

Samples: Indenture (MGM Grand Inc), Indenture (MGM Mirage), Indenture (MGM Grand Inc)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced or by the record of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article ThirteenFifteen; and, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or any such record or both are is delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any or such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so or voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to conclusive in favor of the Trustee and the Company if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 901) 15.07 and the record so proved shall be sufficient for any purpose of this Indenture and conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 5 contracts

Samples: Indenture (Century Communications Corp), Indenture (Century Communications Corp), Century Communications Corp

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXV, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a SecurityBond, shall be sufficient for any purpose of this Indenture and (subject to Section 90111.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130615.06.

Appears in 4 contracts

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

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced or by the record of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article ThirteenFifteen; and, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or any such record or both are is delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer or any Guarantor. Such instrument or instruments and any or such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so or voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee Trustee, the Issuer and the Company, any Guarantor if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130615.07 and the record so proved shall be sufficient for any purpose of this Indenture and conclusive in favor of the Trustee, the Issuer and any Guarantor, if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Willis North America Inc, Ta Iii LTD, Willis North America Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders Holders, in person or by an agent duly appointed in writing or, alternatively, or may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen11, or a combination of such instruments and any such record. Except or record and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, agent or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this SectionSection and Section 11.06. The record of any meeting of Holders shall be proved in the manner provided in Section 130611.06.

Appears in 4 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Navigators Group Inc, Pennsylvania Real Estate Investment Trust

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders (including Persons who hold their Securities through a Holder which is a Depositary) in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteenand, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901801) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record Without limiting the generality of the foregoing, a Holder, including a Depositary that is a Holder of a Global Security, may make, give or take, by a proxy or proxies duly appointed in writing, any meeting request, demand, authorization, direction, notice, consent, waiver or other action provided or permitted by this Indenture to be made, given or taken by the Holders, and a Depositary that is a Holder of Holders shall be proved a Global Security may provide its proxy or proxies to the beneficial owners of interest in the manner provided in Section 1306any such Global Security.

Appears in 4 contracts

Samples: Indenture (Uhc Capital I), Indenture (United Healthcare Corp), Benchmark Electronics Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders Holders, in person or by an agent duly appointed in writing or, alternatively, or may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen11, or a combination of such instruments and any such record. Except or record and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, agent or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this SectionSection and Section 11.06. The record of any meeting of Holders shall be proved in the manner provided in Section 130611.06.

Appears in 4 contracts

Samples: PRGX Global, Inc., Indenture (PRGX Global, Inc.), Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenTwelve, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "ActACT" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901801) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061206.

Appears in 4 contracts

Samples: Indenture (Washington Water Power Capital Iii), Washington Water Power Co, Washington Water Power Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "ActACT" of the Holders signing such instrument or instruments. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the Holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments and so executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of Holders voting in favor thereof at any meeting of such meeting. Proof Holders duly called and held in accordance with the provisions of execution Article Nine, or (c) by a combination of any such instrument or of a writing appointing instruments and any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306Holders.

Appears in 3 contracts

Samples: Meridian Resource CORP, Tesoro Alaska Co, Meridian Resource CORP

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced or by the record of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article ThirteenFifteen; and, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or any such record or both are is delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer. Such instrument or instruments and any or such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so or voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, Issuer if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130615.07 and the record so proved shall be sufficient for any purpose of this Indenture and conclusive in favor of the Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Willis Netherlands Holdings B.V.

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of any series may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent proxies duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of such Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFourteen, or (iii) a combination of such instruments and any such recordrecord and one or more instruments of substantially similar tenor signed by such Holders in person or by proxies duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such record and/or instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such record or instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901701) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 13061406.

Appears in 3 contracts

Samples: Indenture (International Business Machines Corp), Ibm (Ibm Credit LLC), Indenture (Ibm Credit LLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person Person or by an agent agents duly appointed in writing orwriting. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders Debentureholders voting in favor favour thereof, either in person Person or by proxies duly appointed in writing, at any meeting of Holders Debentureholders duly called and held in accordance with the provisions of Article Thirteen9, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such requisite instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCorporation. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act of Holders” of the “Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 901) 8.1, conclusive in favor favour of the Trustee and the CompanyCorporation, if made in the manner provided in this SectionSection 1.12. The record of any meeting of Holders Debentureholders shall be proved provided in the manner provided specified in Section 13069.7.

Appears in 3 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.), webfiles.thecse.com

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders holders of Debt Securities may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders holders signing such instrument or instruments. Whenever in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments executed by holders in person or by agent or proxy appointed in writing, or (b) by the record of holders voting in favor thereof at any meeting of such holders duly called and held in accordance with the provisions of Article 9, or (c) by a combination of such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306holders.

Appears in 3 contracts

Samples: Indenture (MGM Grand Inc), Trustee and Company (Metro-Goldwyn-Mayer Inc), MGM Grand Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of any series may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent proxies duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of such Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFourteen, or (iii) a combination of such instruments and any such recordrecord and one or more instruments of substantially similar tenor signed by such Holders in person or by proxies duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such record and/or instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such record or instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901701) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 13061406.

Appears in 3 contracts

Samples: Indenture (Polaroid Corp), Polaroid Corp, Washington Post Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenFourteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a SecurityNote, shall be sufficient for any purpose of this Indenture and (subject to Section 9011001) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061406.

Appears in 3 contracts

Samples: Carolina Power & Light Co, Carolina Power & Light Co, Southern Indiana Gas & Electric Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture or the Notes to be made, given or taken by Holders (collectively, an “Act” of such Holders, which term also shall refer to the instruments or record evidencing or embodying the same), including any Act for which a specified percentage of the principal amount of the Outstanding Notes is required, may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such percentage of Holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders of Outstanding Notes voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of this Article Thirteen9, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or of record or both are delivered to the Trustee and, where it is hereby expressly requiredwhen specifically required herein or under the Notes, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetingIssuer. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) the Notes and conclusive in favor of the Trustee and the CompanyIssuer, if made in the manner provided in this SectionSection 9.1. The Any record of any meeting of Holders shall be proved in the manner provided set forth in Section 13069.7 (Counting Votes and Recording Action of Meeting).

Appears in 3 contracts

Samples: Indenture, Indenture, Indenture

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 agents duly appointed in writing orwriting. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders voting in favor favour thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen14, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such requisite instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act of Holders” or the “Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 901) section 13.3, conclusive in favor favour of the Trustee and the CompanyIssuer, if made in the manner provided in this Sectionsection 1.12. The record of any meeting of Holders shall be proved provided in the manner provided specified in Section 1306section 14.7.

Appears in 3 contracts

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders holders of Debt Securities may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders holders signing such instrument or instruments. Whenever in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments executed by holders in person or by agent or proxy appointed in writing, or (b) by the record of holders voting in favor thereof at any meeting of such holders duly called and held in accordance with the provisions of Article IX, or (c) by a combination of such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306holders.

Appears in 2 contracts

Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders holders of Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders holders signing such instrument or instruments. Whenever in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the Outstanding Notes may take any Act, the fact that the holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments executed by holders in person or by agent or proxy appointed in writing, or (b) by the record of holders voting in favor thereof at any meeting of such holders duly called and held in accordance with the provisions of Article 9, or (c) by a combination of such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306holders.

Appears in 2 contracts

Samples: Indenture (MGM Mirage), Indenture (MGM Mirage)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXV, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 90111.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130615.06.

Appears in 2 contracts

Samples: Nevada Power Co, Nevada Power Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 2 contracts

Samples: Midamerican Energy Financing Ii, Midamerican Energy Financing Ii

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenTwelve, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany and the Guarantor. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "ActACT" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901801) conclusive in favor of the Trustee Trustee, the Company and the CompanyGuarantor, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061206.

Appears in 2 contracts

Samples: Indenture (Dqe Capital Corp), Dqe Capital Corp

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders (collectively, an "Act" of such Holders, which term also shall refer to the instruments or record evidencing or embodying the same) 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 or, alternatively, may be embodied in and evidenced by the record of Holders of Bonds voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Bonds duly called and held in accordance with the provisions of Article Thirteen13, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both both, are delivered to the Trustee andTrustee, where and when it is hereby expressly requiredspecifically required herein, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetingIssuer. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 90111.1) conclusive in favor of the Trustee and the CompanyIssuer, if made in the manner provided in this SectionSection 12.1. The record of any meeting of Holders of Bonds shall be proved in the manner provided in Section 130613.6.

Appears in 2 contracts

Samples: Indenture (NRG Energy Inc), Guarantee Agreement (Somerset Power LLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders of Notes voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Notes duly called and held in accordance with the provisions of Article ThirteenXIII, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both both, are delivered to the Trustee and, where it is hereby expressly required, to the CompanyTrustee. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 9019.1) conclusive in favor of the Trustee and or Funding Corp., as the Companycase may be, if made in the manner provided in this SectionSection 1.3. The record of any meeting of Holders of Notes shall be proved in the manner provided in Section 130613.6.

Appears in 2 contracts

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

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXIII, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Debt Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9019.01) conclusive in favor of the Trustee Trustee, the Company and the CompanyGuarantor, as the case may be, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130613.06.

Appears in 2 contracts

Samples: Indenture (Devon Energy Corp/De), Devon Financing Trust Ii

Acts of Holders. (a1) Any request, demand, authorization, direction, noticeNotice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person Person or by an agent agents duly appointed in writing orwriting. Any request, demand, authorization, direction, Notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders Debentureholders voting in favor favour thereof, either in person Person or by proxies duly appointed in writing, at any meeting of Holders Debentureholders duly called and held in accordance with the provisions of Article Thirteen9, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such requisite instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCorporation. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act of Holders” of the “Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 901) 8.1, conclusive in favor favour of the Trustee and the CompanyCorporation, if made in the manner provided in this SectionSection 1.12. The record of any meeting of Holders Debentureholders shall be proved provided in the manner provided specified in Section 13069.7.

Appears in 2 contracts

Samples: Indenture, Odyssey Trust Company (CLS Holdings USA, Inc.)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture or in the Securities of any Series to be made, given or taken by Holders or Holders of the Securities of that Series 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 or, alternatively, may be embodied in and evidenced if such is authorized by the record vote of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any a meeting of the Holders duly called and held in accordance with the provisions of Article ThirteenFourteen, or a combination record of such instruments and any such recordthe actions taken by the Holders at that meeting. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any such Person being a Holder of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9018.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130614.06.

Appears in 2 contracts

Samples: Wal Mart Stores Inc, Wal Mart Stores Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or proxy duly appointed in writing orappointed, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the Holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments and so executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of Holders voting in favor thereof at any meeting of such meeting. Proof Holders duly called and held in accordance with the provisions of execution ARTICLE EIGHT, or (c) by a combination of any such instrument or of a writing appointing instruments and any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306Holders.

Appears in 2 contracts

Samples: Hca Inc/Tn, Hca Inc/Tn

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenFourteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 90110.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130614.06.

Appears in 2 contracts

Samples: Duke Energy Ohio, Inc., Duke Energy Ohio, Inc.

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenTwelve, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901801) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061206.

Appears in 2 contracts

Samples: Tucson Electric Power Co, Avista Corp

Acts of Holders. (a1) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by or pursuant to this Indenture to be made, given or taken by Holders 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 orwriting. If, but only if, Securities of a series are issuable as Bearer Securities, any request, demand, authorization, direction, notice, consent, waiver or other action provided in or pursuant to this Indenture to be given or taken by Holders of Securities of such series may, alternatively, may be embodied in and evidenced by the record of Holders of Securities of such series voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article Thirteen15, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.instruments

Appears in 2 contracts

Samples: Jabil Circuit Inc, Jabil Circuit Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture or in the Securities of any Series to be made, given or taken by Holders or Holders of the Securities of that Series 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 or, alternatively, may be embodied in and evidenced if such is authorized by the record vote of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any a meeting of the Holders duly called and held in accordance with the provisions of Article ThirteenFourteen, or a combination record of such instruments and any such recordthe actions taken by the Holders at that meeting. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the CompanyApplicable Issuer or, as to Guaranteed Securities, the Guarantor. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any such Person being a Holder of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9018.01) conclusive in favor of the Trustee and Trustee, the CompanyApplicable Issuer and, as to Guaranteed Securities, the Guarantor, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130614.06.

Appears in 2 contracts

Samples: Wal Mart Cayman Sterling Finance Co, Wal Mart Cayman Sterling Finance Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of the Outstanding Securities of all series or one or more series, as the case may be, may be embodied in and evidenced by either (x) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent agents duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by or (y) the record of Holders of Securities of such series voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFifteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company and any agent of the Trustee or the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 13061506.

Appears in 2 contracts

Samples: Senior Note Indenture (Avnet Inc), Avnet Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXIV, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a SecurityBond, shall be sufficient for any purpose of this Indenture and (subject to Section 90110.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130614.06.

Appears in 2 contracts

Samples: Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (Pg&e Corp)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9018.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130613.06.

Appears in 2 contracts

Samples: Indenture (Cleco Corporate Holdings LLC), Collateral Agency Agreement (Puget Energy Inc /Wa)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies agents duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901601) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record Without limiting the generality of the foregoing, a Holder, including a Book-Entry Depositary that is a Holder of a Global Security, may make, give or take, by a proxy, or proxies, duly appointed in writing, any meeting of Holders shall be proved in the manner request, demand, authorization, direction, notice, consent, waiver or other action provided in Section 1306this Indenture to be made, given or taken by Holders, and a Book-Entry Depositary that is a Holder of a Global Security may provide its proxy or proxies to the beneficial owners of interests in any such Global Security through such Book-Entry Depositary's standing instructions and customary practices.

Appears in 2 contracts

Samples: Southern Investments Uk Capital Trust I, PPL Electric Utilities Corp

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both both, are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany and to ELI. Such instrument or instruments and any such record recoxx (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 9019.01) conclusive in favor of the Trustee Trustee, the Company and the CompanyELI, if made in the manner provided in this Section. The record Thx xecord of any meeting of Holders of Securities shall be proved in the manner provided in Section 130613.06.

Appears in 2 contracts

Samples: Participation Agreement (Entergy Louisiana Inc), Participation Agreement (Entergy Louisiana Inc)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany and the Guarantor. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Outstanding Securities of any series may take any Act, the fact that the Holders of such specified percentage have joined therein may be evidenced (i) by the instrument or instruments executed by Holders in person or by agent or proxy appointed in writing, or (ii) by the record of Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article 13, or (iii) by a combination of such instrument or instruments and so voting at any such meetingrecord of such a meeting of Holders. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the CompanyCompany and the Guarantor, if made in the manner provided in clause (b) of this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061.4.

Appears in 2 contracts

Samples: Indenture (Northwest Airlines Inc /Mn), Northwest Airlines Inc /Mn

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced (i) by one or more instruments of substantially similar tenor signed by such Holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies thereof duly appointed in writing, or (ii) by the record of such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article ThirteenXIII or of such holders of Preferred Securities duly called and held in accordance with the provisions of the Trust Agreement, or (iii) by a combination of such instrument or instruments and any such recordrecord of such a meeting of such Holders or holders of Preferred Securities, as the case may be, or (iv) by any other method the Trustee deems satisfactory. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments instruments, record of such meeting or record combination thereof (including any appointment of an agent) is or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any instruments, record of such record meeting or combination thereof (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any or recording such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, agent or the record of the holding by any Person of a Security, such meeting shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061.4.

Appears in 2 contracts

Samples: Indenture (North State Bancorp), Indenture (Plains Capital Corp)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or of both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting meetings of Holders shall be proved in the manner provided in Section 1306.

Appears in 2 contracts

Samples: Indenture (360 Communications Co), Atmos Energy Corp

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 orwriting; and, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective upon action by the requisite percentage of Holders when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, Agent shall be sufficient for any purpose of this Indenture Indenture, and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record Without limiting the generality of the foregoing, a Holder, including a Depositary that is a Holder of a Global Security, may make, give or take, by a proxy, or proxies, duly appointed in writing, any meeting request, demand, authorization, direction, notice, consent, waiver or other action provided or permitted in this Indenture to be made, given or taken by Holders, and a Depositary that is a Holder of Holders shall be proved a Global Security may provide its proxy or proxies to the beneficial owners of interest in the manner provided in Section 1306any such Global Security.

Appears in 2 contracts

Samples: Ocwen Financial Corp, Ocwen Financial Corp

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen15, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 90111.1) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130615.6.

Appears in 2 contracts

Samples: First Mortgage Indenture (South Jersey Industries Inc), SOUTH JERSEY GAS Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of any series may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent proxies duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of such Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenXIV, or (iii) a combination of such instruments and any such recordrecord and one or more instruments of substantially similar tenor signed by such Holders in person or by proxies duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such record and/or instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such record or instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 9017.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130614.06.

Appears in 2 contracts

Samples: Indenture (International Business Machines Corp), Ibm International Group Capital LLC

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person Person or by an agent agents duly appointed in writing orwriting. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders Debentureholders voting in favor favour thereof, either in person Person or by proxies duly appointed in writing, at any meeting of Holders Debentureholders duly called and held in accordance with the provisions of Article Thirteen9, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such requisite instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCorporation. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act of Holders" of the "Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 901) 8.1, conclusive in favor favour of the Trustee and the CompanyCorporation, if made in the manner provided in this SectionSection 1.12. The record of any meeting of Holders Debentureholders shall be proved provided in the manner provided specified in Section 13069.7.

Appears in 2 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of the Outstanding Securities of all series or one or more series, as the case may be, may be embodied in and evidenced by either (x) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent agents duly appointed in writing or, alternatively, may be embodied in and evidenced by or (y) the record of Holders of Securities of such series voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFifteen, or a combination of such instruments and any such record. Except ; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Trust Indenture Act Section 901315) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130615.06.

Appears in 2 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/

Acts of Holders. (a1) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by or pursuant to this Indenture to be made, given or taken by Holders 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 orwriting. If, but only if, Securities of a series are issuable as Bearer Securities, any request, demand, authorization, direction, notice, consent, waiver or other action provided in or pursuant to this Indenture to be given or taken by Holders of Securities of such series may, alternatively, may be embodied in and evidenced by the record of Holders of Securities of such series voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFifteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.such

Appears in 2 contracts

Samples: Quality Food Centers Inc, Quality Food Centers Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of any series may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent proxies duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of such Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenXIV, or (iii) a combination of such instruments and any such recordrecord and one or more instruments of substantially similar tenor signed by such Holders in person or by proxies duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such record and/or instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany and Guarantor. Such record or instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 9017.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130614.06.

Appears in 2 contracts

Samples: Indenture (International Business Machines Corp), Indenture (Ibm International Group Capital LLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXV, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a SecurityBond, shall be sufficient for any purpose of this Indenture and (subject to Section 90111.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130615.06.

Appears in 2 contracts

Samples: Security Agreement (Pacific Gas & Electric Co), Indenture of Mortgage (Pg&e Corp)

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Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided or permitted by this Indenture to be made, given or taken by Holders of the Outstanding Securities of all series or one or more series, as the case may be, 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 orwriting, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies any Person duly appointed in writingauthorized by means of any written certification, at any meeting of Holders duly called proxy or other authorization furnished by a Depositary, and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall will become effective when such instrument or instruments is or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany or the Guarantor. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing (or on behalf of whom such duly appointed agent or Person signs) such instrument or instruments and so voting at any or, in the case of the Depositary, furnishing the written certification, proxy or other authorization pursuant to which such meetinginstrument or instruments are signed. Proof of execution of any such instrument or of a instrument, any writing appointing any such agent, agent or of the holding by authorizing any such Person of a Security, shall or any such written certification or proxy will be sufficient for any purpose of this Indenture and (subject to Section 901601) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306104.

Appears in 2 contracts

Samples: Otis Worldwide Corp, Highland Holdings S.a r.l.

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture or in the Securities of any Series to be made, given or taken by Holders or Holders of the Securities of that Series 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 or, alternatively, may be embodied in and evidenced if such is authorized by the record vote of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any a meeting of the Holders duly called and held in accordance with the provisions of Article ThirteenFourteen, or a combination record of such instruments and any such recordthe actions taken by the Holders at that meeting. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any such Person being a Holder of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9018.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130614.06.

Appears in 2 contracts

Samples: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)

Acts of Holders. (a1) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of the Outstanding Notes of all Series or one or more Series, as the case may be, 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 agents duly appointed in writing oror may, alternatively, may be embodied in and evidenced by the record of Holders of such Notes voting in favor favour thereof, either in person or by proxies proxies, duly appointed in writing, at any meeting of Holders of such Notes duly called and held in accordance with the provisions of Article Thirteen, 14 or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a SecurityNote, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the CompanyIssuer, if made in the manner provided in this Section. The record of any meeting of Holders of Notes shall be proved in the manner provided in Section 130614.6.

Appears in 2 contracts

Samples: Brookfield Renewable (Brookfield Renewable Partners L.P.), Brookfield Property Partners L.P.

Acts of Holders. (a1) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided or permitted by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent or proxy duly appointed in writing or, alternatively, may be embodied in and evidenced by such Holders or (ii) the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such recordIX. Except as herein otherwise expressly provided, such Such action shall become effective when such instrument or instruments or record or both are is delivered to the Trustee and, where it is hereby expressly required, to the Company. Upon written request, the Trustee shall promptly deliver to the Company copies of all such instruments and records delivered to the Trustee. Such instrument or instruments and any such record records (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agentagent or proxy, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9016.1) conclusive in favor of the Trustee and the Company, Company if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13069.6.

Appears in 2 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Bowne & Co Inc

Acts of Holders. (a1) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided or permitted by this Indenture to be madegiven, given made or taken by Holders may be embodied in and evidenced by (A) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent or proxy duly appointed in writing or, alternatively, may be embodied in and evidenced by such Holders or (B) the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such recordIX. Except as herein otherwise expressly provided, such Such action shall become effective when such instrument or instruments or record or both are is delivered to the Trustee and, where it is hereby expressly required, to the Company. The Trustee shall promptly deliver to the Company copies of all such instruments and records delivered to the Trustee. Such instrument or instruments and any such record records (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agentagent or proxy, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9016.1) conclusive in favor of the Trustee and the Company, Company if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13069.6.

Appears in 2 contracts

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

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of any series may be embodied in and evidenced by (1) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent proxies or agents duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (2) the record of such Holders voting in favor thereof, either in person or by proxies or agents duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFourteen, or (3) a combination of such instruments and any such recordrecord and one or more instruments of substantially similar tenor signed by such Holders in person or by proxies or agents duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such record and/or instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such record or instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, proxy or of the holding by any Person of a Security, agents shall be sufficient for any purpose of this Indenture and (subject to Section 9017.1) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130614.6.

Appears in 2 contracts

Samples: Apex Silver Mines LTD, Apex Silver Mines LTD

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or proxy duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen6 hereof, or by a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both both, are delivered to the Note Trustee and, where when it is hereby expressly requiredspecifically required herein, to the CompanyIssuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument instrument, or of a writing appointing any such agentagent or proxy, or of the holding by any Person of a Security, Note shall be sufficient for any purpose of this Indenture and (subject to Section 9014.2 hereof) conclusive in favor of the Note Trustee and the Company, if made in the manner provided in this SectionSection 1.4. The record of any meeting of Holders shall be proved in the manner provided in Section 13067.6 hereof. All such instruments and other evidence of any Act shall be retained by the Note Trustee and made available for inspection at its Corporate Trust Office by any Holder or prospective Holder upon reasonable request.

Appears in 1 contract

Samples: Note Indenture (Ica Corporation Holding Co)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "ActACT" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Indenture (Firstenergy Corp)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Texas Utilities Electric Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both both, are delivered to the Trustee and, where it is hereby expressly required, to the Company. Company and to LP&L. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 9019.01) conclusive in favor of the Trustee Trustee, the Company and the CompanyLP&L, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130613.06.

Appears in 1 contract

Samples: Participation Agreement (Louisiana Power & Light Co /La/)

Acts of Holders. 19 (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenTwelve, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "ActACT" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901801) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 13061206.

Appears in 1 contract

Samples: Washington Water Power Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent duly appointed in writing orwriting, alternatively, may be embodied in and evidenced (ii) resolutions duly adopted by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, Fourteen as indicated by the records of such meeting or a (iii) any combination of any such instrument or instruments and any such recordresolutions. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or and, in the case of resolutions, a signed and verified record or both of such meeting as provided in Section 1406, are delivered to the Trustee and, where it is hereby expressly required, to the CompanyBank. Such instrument or instruments and any such record resolutions (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so or voting at any in favor of such meetingresolutions. Proof of execution of any such instrument or of a writing appointing any such agent, agent or of the holding proxy and execution by any Person of a Security, such agent or proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901601) conclusive in favor of the Trustee and the CompanyBank, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Indenture (Bankunited Financial Corp)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Florida Power & Light Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of Securities of any series may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent proxies duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of such Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFourteen, or (iii) a combination of such instruments and any such recordrecord and one or more instruments of substantially similar tenor signed by such Holders in person or by proxies duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such record and/or instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such record or instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901701) conclusive in favor of the Trustee and the Company, if made in the manner provided in this SectionSection . The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 13061406.

Appears in 1 contract

Samples: Washington Post Co

Acts of Holders. (ai) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders or Holders of any series 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 orwriting. If Securities of a series are issuable in whole or in part as Bearer Securities, any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders of Securities voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities duly called and held in accordance with the provisions of Article Thirteen, Sixteen or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9018.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Indenture (Banc One Corp /Oh/)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by the Holders (i) may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person Person or by an agent duly appointed in writing or, alternatively, or (ii) may be embodied in and evidenced by the record of Holders voting in favor thereof, either thereof in person or by proxies duly appointed in writing, Person at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such recordXIII. Except as herein otherwise expressly provided, such action shall will become effective when such instrument or instruments or of record or both are delivered to the Trustee Trustee, and, where it is hereby expressly requiredrequired by this Indenture, to the CompanyIssuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agentagency or proxy, or of the holding by any Person of a SecurityNote, shall be sufficient for any purpose of this Indenture or any other Security Document and (subject to Section 9016.1) conclusive in favor of the Servicer, Trustee and the Company, Issuer if made in the manner provided in this SectionSection 1.3. The record of any meeting of Holders of Notes shall be proved in the manner provided in this Section 1306.1.3. With respect to authorization to be given or taken by Holders of Notes, the Trustee shall be authorized to

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vornado Realty Trust)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such Holders in person or by an their agent or proxy duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of Holders of Notes voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Notes duly called and held in accordance with the provisions of Article Thirteen, 13 or (iii) a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. The Trustee shall promptly deliver to the Company copies of all such instruments and records delivered to the Trustee with a courtesy copy to the Company's counsel at the address listed in Section 14.02 and, if pertaining to any conversion notice, with a courtesy copy to the Common Stock transfer agent at American Stock Transfer & Trust Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetingmeeting pursuant to Section 13.06. Proof of execution of any such instrument or of a writing appointing any such agent, agent or of the holding by any Person of a Security, proxy shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Acts of Holders. (a1) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person Person or by an agent agents duly appointed in writing orwriting. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders Debentureholders voting in favor favour thereof, either in person Person or by proxies duly appointed in writing, at any meeting of Holders Debentureholders duly called and held in accordance with the provisions of Article Thirteen9, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such requisite instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCorporation. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act of Holders” of the “Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 901) 8.1, conclusive in favor favour of the Trustee and the CompanyCorporation, if made in the manner provided in this SectionSection 1.12. The record of any meeting of Holders Debentureholders shall be proved provided in the manner provided specified in Section 13069.7.

Appears in 1 contract

Samples: webfiles.thecse.com

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen13, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9019.1) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130613.6.

Appears in 1 contract

Samples: Infinity Capital Trust I

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 orwriting. If Debt Securities of a series are issuable in whole or in part as Bearer Securities, any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders of Debt Securities voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Debt Securities duly called and held in accordance with the provisions of Article ThirteenFourteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.Debt

Appears in 1 contract

Samples: Indymac Capital Trust I

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by (i) one or more instruments of substantially similar tenor signed by such the Holders in person or by an agent their respective agents or proxies duly appointed in writing orwriting, alternatively, may be embodied in and evidenced by (ii) the record of Holders voting in favor thereof, either in person or by their respective agents or proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenFifteen, or (iii) a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly requiredrequired hereby, to the CompanyIssuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a SecurityBond, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the CompanyIssuer, if made in the manner provided in this SectionSection 104. The record of any meeting of Holders shall be proved in the manner provided in Section 13061506.

Appears in 1 contract

Samples: Indenture (Cedar Brakes Ii LLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 agents (mandataries) duly appointed in writing orwriting. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders voting in favor favour thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen15, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such requisite instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act of Holders” or the “Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 901) section 14.3, conclusive in favor favour of the Trustee and the CompanyIssuer, if made in the manner provided in this Sectionsection 1.12. The record of any meeting of Holders shall be proved provided in the manner provided specified in Section 1306section 15.7.

Appears in 1 contract

Samples: Indenture

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of the Outstanding Securities 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 orwriting; and, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holder or Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 9016.01) conclusive in favor of the Trustee and the Company, Company if made in the manner provided in this SectionSection 1.05. The record Without limiting the generality of the foregoing, a Holder, including a Depositary that is a Holder of a Global Security, may make, give or take, by proxy or proxies, duly appointed in writing, any meeting request, demand, authorization, direction, notice, consent, waiver or other action provided or permitted in this Indenture to be made, given or taken by Holders, and a Depositary that is a Holder of Holders shall be proved a Global Security may provide its proxy or proxies to the beneficial owners of interests in the manner provided in Section 1306any Global Security.

Appears in 1 contract

Samples: Price/Costco Inc

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXIII, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Debt Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9019.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130613.06.

Appears in 1 contract

Samples: Pebblebrook Hotel Trust

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of the Outstanding Securities of all series or one or more series, as the case may be, may be embodied in and evidenced by either (x) one or more instruments of substantially similar tenor signed by such Holders in person or by an agent agents duly appointed in writing or, alternatively, may be embodied in and evidenced by or (y) the record of Holders of Securities of such series voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities of such series duly called and held in accordance with the provisions of Article ThirteenFifteen, or a combination of such instruments and any such record. Except ; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Trust Indenture Act Section 901315) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130615.06.

Appears in 1 contract

Samples: Indenture (Sea Containers LTD /Ny/)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both both, are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany and to XXX. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 9019.01) conclusive in favor of the Trustee Trustee, the Company and the CompanyXXX, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130613.06.

Appears in 1 contract

Samples: Participation Agreement (Entergy Louisiana Inc)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Debt Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Carolina Power & Light Co

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture or the Notes to be made, given or taken by Holders (collectively, an “Act” of such Holders, which term also shall refer to the instruments or record evidencing or embodying the same), including any Act for which a specified percentage of the principal amount of the Outstanding Notes is required, may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such percentage of Holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders of Outstanding Notes voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteenthis ARTICLE 7, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or of record or both are delivered to the Trustee and, where it is hereby expressly requiredwhen specifically required herein or under the Notes, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetingIssuer. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) the Notes and conclusive in favor of the Trustee and the CompanyIssuer, if made in the manner provided in this SectionSection 7.1. The Any record of any meeting of Holders shall be proved in the manner provided set forth in Section 13067.7 (Counting Votes and Recording Action of Meeting).

Appears in 1 contract

Samples: Indenture

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders of the Outstanding Securities of all series or one or more series, as the case may be, 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 agents duly appointed in writing or, alternatively, or may be embodied in and evidenced by the record of Holders of Outstanding Securities voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Outstanding Securities duly called and held in accordance with the provisions of Article ThirteenFifteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 13061506.

Appears in 1 contract

Samples: Indenture (Eaton Corp PLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly xxxx appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee for the appropriate series of Securities and, where it is hereby expressly required, to the CompanyIssuer and/or the Guarantors. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and or so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901601) conclusive in favor of the Trustee for the appropriate series of Securities and the CompanyIssuer, the Guarantors and any agent of such Trustee, the Issuer or any of the Guarantors, if made in the manner provided in this SectionSection 104. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 1306.

Appears in 1 contract

Samples: Indenture (Brandywine Operating Partnership Lp /Pa)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders (collectively, an "Act" of such Holders, which term also shall refer to the instruments or record evidencing or embodying the same), including any Act for which a specified percentage of the principal amount of the Securities is required, 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 or, alternatively, may be embodied in and evidenced by the record of Holders of Securities voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of this Article Thirteen6, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Bond Trustee and, where it is hereby expressly requiredwhen specifically required herein, to the Funding Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Bond Trustee and the Funding Company, if made in the manner provided in this SectionSection 6.1. The Any record of any meeting of Holders shall be proved in the manner provided set forth in Section 1306.6.7 (

Appears in 1 contract

Samples: Trust Indenture (New World Power Texas Renewable Energy Limited Partnership)

Acts of Holders. (a) Any request, demand, --------------- authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders (collectively, an "Act" of such --- Holders, which term also shall refer to the instruments or record evidencing or embodying the same) 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 or, alternatively, may be embodied in and evidenced by the record of Holders of Bonds voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Bonds duly called and held in accordance with the provisions of Article ThirteenXI, or a ---------- combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both both, are delivered to received by the Trustee andTrustee, where and when it is hereby expressly requiredspecifically required herein, to by the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetingIssuer. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 9019.1) conclusive in favor of ----------- the Trustee Trustee, and the CompanyIssuer, if made in the manner provided in this SectionSection ------- 10.1. The record of any meeting of Holders of Bonds shall be proved in the ---- manner provided in Section 1306.11.6. ------------

Appears in 1 contract

Samples: Power Sales Agreement (Dominion Resources Inc /Va/)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies proxy duly appointed in writing; and, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen, or a combination of such instruments and any such record. Except except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. For purposes of this Indenture, any action by the Holders to be taken in writing may be taken by electronic means or as otherwise reasonably acceptable to the Trustee. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Outstanding Debt Securities of any series may take any Act, the fact that the Holders of such specified percentage have joined therein may be evidenced (a) by the instrument or instruments and so executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of Holders voting in favor thereof at any meeting of such meeting. Proof Holders duly called and held in accordance with the provisions of execution Article Nine, or (c) by a combination of any such instrument or of a writing appointing instruments and any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any such a meeting of Holders shall be proved in the manner provided in Section 1306Holders.

Appears in 1 contract

Samples: Park Place Entertainment Corp

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 ormay, alternatively, may be embodied in and evidenced by the record of Holders of Securities voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities duly called and held in accordance with the provisions of Article ThirteenFifteen, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 9018.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130615.06.

Appears in 1 contract

Samples: Banc One Corp /Oh/

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 or, alternatively, may be embodied in and evidenced by the record of Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article ThirteenXV, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, shall be sufficient for any purpose of this Indenture and (subject to Section 90111.01) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section. The record of any meeting of Holders shall be proved in the manner provided in Section 130615.06.

Appears in 1 contract

Samples: First Mortgage Indenture (Allegheny Energy, Inc)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders may be embodied in and evidenced by one (1) or more instruments of substantially similar tenor signed by such Holders in person or by an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of Holders of Securities voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders of Securities duly called and held in accordance with the provisions of Article ThirteenXIII, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record record, or both are delivered to the Trustee and, where when it is hereby expressly requiredspecifically required herein, to either of the CompanyMobile Energy Parties. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 9019.1) conclusive in favor of the Trustee and the CompanyMobile Energy Parties, if made in the manner provided in this SectionSection 1.4. The record of any meeting of Holders of Securities shall be proved in the manner provided in Section 130613.6.

Appears in 1 contract

Samples: Trust Indenture (Mobile Energy Services Co LLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture Debenture to be made, given or taken by Holders 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 agents duly appointed in writing orwriting. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Debenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of Holders voting in favor favour thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen14, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such requisite instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyIssuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act of Holders” or the “Act" of the Holders signing such instrument or instruments and so voting at any such meetinginstruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) Debenture and, conclusive in favor favour of the Trustee and the CompanyIssuer, if made in the manner provided in this Sectionsection 1.12. The record of any meeting of Holders shall be proved provided in the manner provided specified in Section 1306section 14.7.

Appears in 1 contract

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders (collectively, an "Act" of such Holders, which term also shall refer to the instruments or records evidencing or embodying the same), including any Act for which a specified percentage of the principal amount of the Bonds is required, 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 or, alternatively, may be embodied in and evidenced by the record of Holders of Bonds voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of this Article Thirteen7, or a combination of such instruments and any such recordrecords. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both records are delivered to the Bond Trustee and, where it is hereby expressly requiredwhen specifically required herein, to the Company. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meetingIssuer. Proof of execution of 67 76 any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Bond Trustee and the CompanyIssuer, if made in the manner provided in this SectionSection 7.1. The Any record of any meeting of Holders shall be proved in the manner provided set forth in Section 13067.7.

Appears in 1 contract

Samples: Trust Indenture (Louisiana Generating LLC)

Acts of Holders. (a) Any request, demand, authorization, direction, notice, consent, election, waiver or other action provided by this Indenture to be made, given or taken by Holders 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 orwriting. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may, alternatively, may be embodied in and evidenced by the record of the Holders voting in favor thereof, either in person or by proxies duly appointed in writing, at any meeting of Holders duly called and held in accordance with the provisions of Article Thirteen13, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record or both are delivered to the Trustee and, where it is hereby expressly required, to the CompanyCompany or the Guarantor. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of a Security, agent shall be sufficient for any purpose of this Indenture and (subject to Section 901) conclusive in favor of the Trustee Trustee, the Company and the CompanyGuarantor, if made in the manner provided in this Section. The record of any meeting of Holders of Notes shall be proved in the manner provided in Section 130613.6.

Appears in 1 contract

Samples: Indenture (Cit Group Inc)

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