Common use of Acts of Noteholders Clause in Contracts

Acts of Noteholders. (g) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable Issuers. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers if made in the manner provided in this Section.

Appears in 2 contracts

Samples: Master Indenture (Spirit Realty Capital, Inc.), Master Indenture (Spirit Realty Capital, Inc.)

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Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Indenture Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Indenture or in any Indenture Supplement such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein in this Indenture or in any Indenture Supplement and evidenced thereby) are herein sometimes referred to in this Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture or any Indenture Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 15.03.

Appears in 2 contracts

Samples: Indenture (American Tower Corp /Ma/), American Tower Corp /Ma/

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders --- signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.Section 12.03. -------------

Appears in 2 contracts

Samples: Household Credit Card Master Note Trust I, Conseco Finance Credit Funding Corp

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by their agents duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 12.3.

Appears in 2 contracts

Samples: Master Indenture (Alliance Data Systems Corp), Master Indenture (Alliance Data Systems Corp)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, “action”) provided by this Indenture to be given or taken by the Noteholders of any Class of any Series series or in their entirety class may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.018.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust), Master Note Trust (Mellon Premium Finance Loan Owner Trust)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (each, an “Action”) provided by this Base Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and except . Except as herein otherwise expressly provided provided, such action shall Action will become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instrumentsinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Base Indenture and (subject to Section 5.0111.1) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 1.5.

Appears in 2 contracts

Samples: GMSR Participation Agreement (loanDepot, Inc.), Agreement (PennyMac Financial Services, Inc.)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Base Indenture or any Indenture Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Base Indenture or in any Indenture Supplement, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein in this Base Indenture or in any Indenture Supplement and evidenced thereby) are herein sometimes referred to in this Base Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Base Indenture or any Indenture Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 15.03.

Appears in 2 contracts

Samples: Base Indenture (Tucows Inc /Pa/), Cogent Communications Holdings, Inc.

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, "Action") provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety Class may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.018.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: CNH Wholesale Receivables Inc, CNH Wholesale Receivables Inc

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Indenture Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Indenture or in any Indenture Supplement such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable Issuers. Such instrument or instruments (and the action embodied therein in this Indenture or in any Indenture Supplement and evidenced thereby) are herein sometimes referred to in this Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture or any Indenture Supplement and (subject to Section 5.01Article XI herein) conclusive in favor of the Indenture Trustee and the Issuers Issuers, if made in the manner provided in this SectionSection 15.03.

Appears in 1 contract

Samples: Crown Castle International Corp

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this the Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by their agents duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced 57 thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this the Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 12.03.

Appears in 1 contract

Samples: Master Indenture (First Bankcard Master Credit Card Trust)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Base Indenture or any Series Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Base Indenture or in any Series Supplement, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein in this Base Indenture or in any Series Supplement and evidenced thereby) are herein sometimes referred to in this Base Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Base Indenture or any Series Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 15.03.

Appears in 1 contract

Samples: Frontier Communications Parent, Inc.

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, “action”) provided by this Indenture to be given or taken by the Noteholders of any Class of any Series series or in their entirety class may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 5.018.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing sign ing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Dyncorp

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders or the Noteholders of any Class of any Series or in their entirety Note Insurer may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writingwriting or the Note Insurer; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.016.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Indenture (Financial Asset Securities Corp)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, "action") provided by this Indenture to be given or taken by the Noteholders of any Class of any Series series, class or in their entirety tranche may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 5.01801) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Citibank South Dakota N A

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, "ACTION") provided by this Indenture to be given or taken by the Noteholders of any Class of any Series series or in their entirety class may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” "ACT" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 5.01SECTION 8.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 12.03.

Appears in 1 contract

Samples: Master Indenture (Compucredit Corp)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders any Noteholders, or a specified percentage or number of any Class of any Series or in their entirety Noteholders, may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders Noteholders, in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeTrustee and/or the Administrative Agent, as herein provided, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” "ACT" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01SECTION 11.02) conclusive in favor of the Indenture Trustee Trustee, the Administrative Agent and the Issuers Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Master Trust Indenture and Security Agreement (Stone Container Corp)

Acts of Noteholders. (ga) Any If, at any time, there is more than one Holder of the Notes, any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders Holders of any Class 51% of any Series or in their entirety the Note Principal Balance of Notes Outstanding may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby herein expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee Holders and the Issuers Issuer, if made in the manner provided in this SectionSection 1.2.

Appears in 1 contract

Samples: Cdbeat Com Inc

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Master Indenture in respect of the Equipment Notes of any Series or Class to be given or taken by the Noteholders of or any Class of any Series or in their entirety Control Party may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders or Control Party in person or by agents an agent or proxy duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, to each Rating Agency where it is hereby expressly required, required pursuant to the applicable Issuersthis Master Indenture or to Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders or Control Party signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Master Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers or Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Master Indenture (Trinity Industries Inc)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Master Indenture in respect of the Equipment Notes of any Series or Class to be given or taken by the Noteholders of or any Class of any Series or in their entirety Control Party may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders or Control Party in person or by agents an agent or proxy duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, to each Rating Agency where it is hereby expressly required, required pursuant to the applicable Issuersthis Master Indenture or to Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act“ Act ” of the Noteholders or Control Party signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Master Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers or Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Master Indenture (Trinity Industries Inc)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Indenture Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Indenture or in any Indenture Supplement such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable Issuers. Such instrument or instruments (and the action embodied therein in this Indenture or in any Indenture Supplement and evidenced thereby) are herein sometimes referred to in this Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture or any Indenture Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Issuers, if made in the manner provided in this SectionSection 15.03.

Appears in 1 contract

Samples: Crown Castle International Corp

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Master Indenture in respect of the Equipment Notes of any Series or Class to be given or taken by the Noteholders of or any Class of any Series or in their entirety Control Party may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders or Control Party in person or by agents an agent or proxy duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, to each Rating Agency where it is hereby expressly required, required pursuant to the applicable Issuersthis Master Indenture or to Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” “ Act “ of the Noteholders or Control Party signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of under this Master Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers or Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Master Indenture (Trinity Industries Inc)

Acts of Noteholders. (g) 1.12.1 Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and writing and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered (via a Clearing System, so long as the Notes are held in such Clearing System) to the Indenture Trustee, Fiscal and Paying Agent (acting as Agent of the Issuer) and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture Agreement and (subject to Section 5.01Clause 11 (Acceptance and Terms of Appointment)) conclusive in favor of the Indenture Trustee Fiscal and Paying Agent and the Issuers Issuer, if made in the manner provided in this SectionClause 1.12.1.

Appears in 1 contract

Samples: Fiscal and Paying Agency Agreement

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 12.3.

Appears in 1 contract

Samples: Uscc Master Note (United States Cellular Corp)

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Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or the Pooling and Servicing Agreement to be given or taken by the Noteholders or a class of any Class of any Series or in their entirety Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.016.1) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 1 contract

Samples: Indenture (Banc One Abs Corp)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Series Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Indenture or in any Series Supplement such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein in this Indenture or in any Series Supplement and evidenced thereby) are herein sometimes referred to in this Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture or any Series Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 15.03.

Appears in 1 contract

Samples: Indenture (American Tower Corp /Ma/)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Series Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Indenture or in any Series Supplement such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the 147 action embodied therein in this Indenture or in any Series Supplement and evidenced thereby) are herein sometimes referred to in this Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture or any Series Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 15.03.

Appears in 1 contract

Samples: Annexes and Schedules (Landmark Infrastructure Partners LP)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, a “Noteholder Action”) provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety Class may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall Noteholder Action will become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Noteholder Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 5.018.01) conclusive in favor of the Indenture Trustee and the Issuers Issuing Entity, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Navistar Financial Dealer (Navistar International Corp)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Indenture Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Indenture or in any Indenture Supplement such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeTrustee and the Servicer, and, where it is hereby expressly required, to the applicable Issuers. Such instrument or instruments (and the action embodied therein in this Indenture or in any Indenture Supplement and evidenced thereby) are herein sometimes referred to in this Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture or any Indenture Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee Trustee, the Servicer and the Issuers Issuers, if made in the manner provided in this SectionSection 16.03.

Appears in 1 contract

Samples: Crown Castle International Corp

Acts of Noteholders. (g) 1.12.1 Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and writing and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered (via a Clearing System, so long as the Notes are held in such Clearing System) to the Indenture Trustee, Fiscal and Paying Agent (acting as Agent of the Issuer) and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture Agreement and (subject to Section 5.01Clause 11 (Agents and Terms of Appointment)) conclusive in favor of the Indenture Trustee Fiscal and Paying Agent and the Issuers Issuer, if made in the manner provided in this SectionClause 1.12.1.

Appears in 1 contract

Samples: Fiscal and Paying Agency Agreement

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeTrustee and each Controlling Entity, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” "ACT" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 12.03.

Appears in 1 contract

Samples: Master Indenture (Household Consumer Loan Corp Ii)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersTrust. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Trust, if made in the manner provided in this SectionSection 12.03.

Appears in 1 contract

Samples: Conseco Finance Credit Card Funding Corp

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (each, an “Action”) provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and except . Except as herein otherwise expressly provided provided, such action shall Action will become effective when such instrument or instruments are delivered to the Indenture EXECUTION VERSION Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instrumentsinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 5.0111.1) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 1.5.

Appears in 1 contract

Samples: Indenture (Nationstar Mortgage Holdings Inc.)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the --- Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this Section.Section 12.03. -------------

Appears in 1 contract

Samples: Household Credit Card Master Note Trust I

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by their agents duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 12.03.

Appears in 1 contract

Samples: Master Indenture (Advanta Business Recievables Corp)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture the Agreement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 5.01) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 11.01.

Appears in 1 contract

Samples: Dyncorp

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Base Indenture or any Indenture Supplement to be given or taken by the Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Base Indenture or in any Indenture Supplement, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable Co-Issuers. Such instrument or instruments (and the action embodied therein in this Base Indenture or in any Indenture Supplement and evidenced thereby) are herein sometimes referred to in this Base Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Base Indenture or any Indenture Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Co-Issuers, if made in the manner provided in this SectionSection 15.03.

Appears in 1 contract

Samples: Investment Agreement (DigitalBridge Group, Inc.)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, “action”) provided by this Indenture to be given or taken by the Noteholders of any Series, Class of any Series or in their entirety Tranche may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture TrusteeTrustee or the Note Registrar, as applicable, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 5.018.01) conclusive in favor of the Indenture Trustee Trustee, the Note Registrar and the Issuers Issuer, as applicable, if made in the manner provided in this SectionSection 1.04.

Appears in 1 contract

Samples: Indenture (WF Card Funding LLC)

Acts of Noteholders. (ga) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Indenture Supplement to be given or taken by the 121 Noteholders of any Class of any Series or in their entirety may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided in this Indenture or in any Indenture Supplement such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the applicable IssuersIssuer. Such instrument or instruments (and the action embodied therein in this Indenture or in any Indenture Supplement and evidenced thereby) are herein sometimes referred to in this Indenture as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture or any Indenture Supplement and (subject to Section 5.01Article XI) conclusive in favor of the Indenture Trustee and the Issuers Issuer, if made in the manner provided in this SectionSection 15.03.

Appears in 1 contract

Samples: Indenture (Landmark Infrastructure Partners LP)

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