Common use of Evidence of Action Taken by Holders Clause in Contracts

Evidence of Action Taken by Holders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be 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, and, except as otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereof) conclusive in favor of the Indenture Trustee and the Owner Trustee, if made in the manner provided in this Article.

Appears in 15 contracts

Samples: Indenture and Security Agreement (Federal Express Corp), Indenture and Security Agreement (Federal Express Corp), Indenture and Security Agreement (Federal Express Corp)

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Evidence of Action Taken by Holders. (a) Any In addition to the foregoing provisions of this Article X, any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be 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, and, except or by combination of such instrument or instruments and the record of a meeting of Holders duly called and held in accordance with this Article X. Except as herein otherwise expressly provided hereinprovided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner Trustee. 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, shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereofSection 7.01) conclusive in favor of the Indenture Trustee and the Owner TrusteeCompany, if made in the manner provided in this Article.

Appears in 5 contracts

Samples: Tia Indenture (Toyota Lease Trust), Tia Indenture (Toyota Auto Lease Trust 1998-B), Toyota Motor Credit Corp

Evidence of Action Taken by Holders. (a) Any request, demand, ----------------------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by a specified percentage in principal amount of the Holders of any or all series may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such specified percentage of Holders in person or by an agent duly appointed in writing, ; and, except as otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereofArticle ------- Six) conclusive in favor of the Indenture Trustee and the Owner TrusteeCompany, if made in the manner --- provided in this Article.

Appears in 2 contracts

Samples: Indenture (Homestead Village Inc), Homestead Village Inc

Evidence of Action Taken by Holders. (a) Any request, ----------------------------------- demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be 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, and, except as otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereof) conclusive in favor of the Indenture Trustee and the Owner Trustee, if made in the manner provided in this Article.

Appears in 2 contracts

Samples: Note Purchase Agreement (Midway Airlines Corp), Trust Indenture and Security Agreement (Midway Airlines Corp)

Evidence of Action Taken by Holders. (a) Any request, demand, ----------------------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by a specified percentage in principal amount at maturity of the Holders of any or all series may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such specified percentage of Holders in person or by an agent duly appointed in writing, ; and, except as otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereofArticle Six) conclusive in favor of the Indenture Trustee and the Owner TrusteeCompany, if made in the manner provided in this Article.

Appears in 2 contracts

Samples: Security Capital U S Realty, Security Capital U S Realty

Evidence of Action Taken by Holders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be 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, ; and, except as herein otherwise expressly provided hereinprovided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, if where it is expressly required hereinrequired, to the Owner TrusteeCompany. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 6.01 and 9.03 hereof) 6.03 conclusive in favor of the Indenture Trustee and the Owner TrusteeCompany, if made in the manner provided in this Article.

Appears in 1 contract

Samples: Indenture (Southern Star Central Corp)

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Evidence of Action Taken by Holders. (a) Any ----------------------------------- request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be 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, and, except as otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereof9.03) conclusive in favor of the Indenture Trustee and the Owner Trustee, if made in the manner provided in this Article.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Delta Air Lines Inc /De/)

Evidence of Action Taken by Holders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be 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, and, except as otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner TrusteeCompany. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereof) conclusive in favor of the Indenture Trustee and the Owner TrusteeCompany, if made in the manner provided in this Article.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Evidence of Action Taken by Holders. (a) Any request, ----------------------------------- demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be 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, and, except as otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, if expressly required herein, to the Owner TrusteeCompany. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 9.02 and 9.03 hereof) conclusive in favor of the Indenture Trustee and the Owner TrusteeCompany, if made in the manner provided in this Article.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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