Common use of Holder Action by Written Consent Clause in Contracts

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 65 contracts

Samples: Trust Agreement, Trust Agreement (M&t Bank Corp), Trust Agreement (Morgan Stanley)

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Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Capital Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 49 contracts

Samples: Declaration of Trust (First Merchants Corp), Declaration of Trust and Trust Agreement (Superior Bancorp), Declaration of Trust (Popular Inc)

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

Appears in 23 contracts

Samples: Trust Agreement (Goldman Sachs Capital III), Trust Agreement (Keycorp /New/), Trust Agreement (KeyCorp Capital VIII)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 18 contracts

Samples: Trust Agreement (Us Bancorp \De\), Trust Agreement (Wells Fargo Capital XVIII), Trust Agreement (National City Preferred Capital Trust I)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 15 contracts

Samples: Trust Agreement (Gainsco Inc), Trust Agreement (Centerstate Banks of Florida Inc), Trust Agreement (Gainsco Inc)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount more than 50% of all Trust Securities the total Interests entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other express provision of this Trust Agreement) shall consent to the action in writingwriting or by any other method permitted by law and evidence of the consents are filed with the records of the meetings of Holders. Such consent shall be treated for all purposes as a vote taken at a meeting of Holders.

Appears in 11 contracts

Samples: Limited Liability Company Agreement (Master Value Opportunities LLC), Limited Liability Company Agreement (Master Basic Value LLC), Limited Liability Company Agreement (Short Term Bond Master LLC)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 9 contracts

Samples: Declaration of Trust (BEE Financing Trust III), Declaration of Trust (Strategic Hotels & Resorts, Inc), Trust Agreement (Webster Capital Trust Iv)

Holder Action by Written Consent. Any action which that may be taken by Holders of Capital Securities at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust the Capital Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holder of all the Common Securities may be taken if such Holder shall consent to the action in writing.

Appears in 9 contracts

Samples: Trust Agreement (First Hawaiian Capital I), Trust Agreement (Southern States Capital Trust Ii), Trust Agreement (Southern States Capital Trust I)

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

Appears in 7 contracts

Samples: Trust Indenture Trust Agreement (Keycorp Capital I), Trust Agreement (Keycorp Institutional Capital A), Trust Agreement (First Union Corp)

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 7 contracts

Samples: Trust Agreement (First Citizens Bancorporation Inc), Trust Agreement (Crescent Banking Co), Trust Agreement (CCF Holding Co)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger lesser or greater proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holders of all the Common Securities may be taken if such Holders shall consent to the action in writing.

Appears in 7 contracts

Samples: Trust Agreement (Everest Re Group LTD), Trust Agreement (Everest Reinsurance Holdings Inc), Trust Agreement (Everest Re Capital Trust Iii)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 5 contracts

Samples: Trust Agreement (Scana Corp), Trust Agreement (Scana Corp), Trust Agreement (South Carolina Electric & Gas Co)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least holding, in the aggregate, a Majority in Liquidation Amount majority of all Trust Securities the Interests entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust AgreementDeclaration or the By-laws of the Trust) shall consent to the action in writingwriting or by any other method permitted by law and evidence of the consents are filed with the records of the meetings of Holders. Such consent shall be treated for all purposes as a vote taken at a meeting of Holders.

Appears in 4 contracts

Samples: Underlying Funds Trust (Underlying Funds Trust), Agreement and Declaration (Aip Variable Insurance Trust), Underlying Funds Trust (Underlying Funds Trust)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holder of all the Common Securities may be taken if such Holders shall consent to the action in writing.

Appears in 4 contracts

Samples: Trust Indenture Trust Agreement (Seacoast Financial Services Corp), Trust Indenture Trust Agreement (Seacoast Financial Services Corp), Trust Indenture Trust Agreement (Seacoast Financial Services Corp)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holder of all the Common Securities may be taken if such Holders shall consent to the action in writing.

Appears in 4 contracts

Samples: Trust Agreement (Bank of New York Co Inc), Trust Agreement (Bank of New York Co Inc), Trust Agreement (Bank of New York Co Inc)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Capital Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 3 contracts

Samples: Trust Agreement (Zions Capital Trust B), Trust Agreement (Zions Capital Trust C), Trust Agreement (State Street Corp)

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

Appears in 3 contracts

Samples: Trust Agreement (Omnicare Inc), Trust Agreement (Omnicare Capital Trust Ii), Trust Agreement (Omnicare Inc)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Capital Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 3 contracts

Samples: Trust Agreement (Popular Inc), Trust Agreement (Popular North America Capital Trust Iii), Trust Agreement (Popular North America Capital Trust I)

Holder Action by Written Consent. Any action -------------------------------- which may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 3 contracts

Samples: Trust Agreement (Allegiant Bancorp Inc), Trust Agreement (Allegiant Capital Trust I), Trust Agreement (Allegiant Capital Trust Ii)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 3 contracts

Samples: Trust Agreement (South Financial Group Inc), Trust Agreement (Bny Capital V), Trust Agreement (NTC Capital Iii)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Capital Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holders of all the Common Securities may be taken if such Holders shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (CSC Capital Iii), Trust Agreement (American Express Co Capital Trust Ii)

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

Appears in 2 contracts

Samples: Trust Agreement (Schwab Capital Trust Ii), Trust Agreement (Schwab Charles Corp)

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

Appears in 2 contracts

Samples: Trust Agreement (HCC Capital Trust Ii), Trust Agreement (Onb Capital Trust Iv)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Securities Apex entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 2 contracts

Samples: Trust Agreement (Goldman Sachs Group Inc), Trust Agreement (Goldman Sachs Group Inc)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount more than 50% of all Trust Securities the total Interests entitled to vote in respect of such action (or such larger proportion thereof as shall may be required by the 1940 Act or any other express provision of this Trust Agreement) shall consent to the action in writingwriting and the written consents are filed with the records of the meetings of Holders. Such consents shall be treated for all purposes as a vote taken at a meeting of Holders.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Columbia Funds Master Investment Trust, LLC), Limited Liability Company Agreement (Columbia Funds Master Investment Trust LLC)

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

Appears in 2 contracts

Samples: Declaration of Trust and Trust Agreement (Willamette Industries Inc), Declaration of Trust and Trust Agreement (Willamette Industries Inc)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least holding, in the aggregate, a Majority in Liquidation Amount majority of all Trust Securities the Interests entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust AgreementDeclaration or the By-Laws of the Trust) shall consent to the action in writingwriting or by any other method permitted by law and evidence of the consents are filed with the records of the meetings of Holders. Such consent shall be treated for all purposes as a vote taken at a meeting of Holders.

Appears in 2 contracts

Samples: Agreement and Declaration (GoodHaven Funds Trust), Riverpark Funds Trust (Riverpark Funds Trust)

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

Appears in 2 contracts

Samples: Trust Agreement (Onb Capital Trust Vi), Trust Agreement (Old National Bancorp /In/)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust AgreementDeclaration of Trust) shall consent to the action in writing.

Appears in 2 contracts

Samples: Expenses and Liabilities (Privatebancorp, Inc), Expenses and Liabilities (Privatebancorp, Inc)

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

Appears in 1 contract

Samples: Trust Agreement (Franklin Capital Trust I)

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

Appears in 1 contract

Samples: Agreement (Provident Companies Inc /De/)

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without a meeting and without notice if Holders holding at least a Majority in Liquidation Amount of all Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.Securities

Appears in 1 contract

Samples: Trust Agreement (Northeast Bancorp /Me/)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust the Capital Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Agreement (Aig Capital Trust I)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such that action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Wilmington Trust Capital A)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Accreted Liquidation Amount of all Trust Securities STACKS entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Marshall & Ilsley Corp/Wi/)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holder of all the Common Securities may be taken if such Holders shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Bank of New York Co Inc)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount more than 50% of all Trust Securities the total Interests entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other express provision of this Trust Agreement) shall consent to the action in writingwriting and the written consents are filed with the records of the meetings of Holders. Such consent shall be treated for all purposes as a vote taken at a meeting of Holders.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Global Financial Services Master LLC)

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.to

Appears in 1 contract

Samples: Trust Agreement (Sman Capital Trust 1)

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

Appears in 1 contract

Samples: Trust Agreement (Teco Energy Inc)

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount more than 50% of all Trust Securities the total Interests entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other express provision of this Trust Agreement) shall consent to the action in writingwriting and the written consents are filed with the records of the meetings of Holders. Such consent shall be treated for all purposes as a vote taken at a meeting of Holders.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Blackrock Master LLC)

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

Appears in 1 contract

Samples: Trust Agreement (Keycorp Capital Iii)

Holder Action by Written Consent. Any action which that may be taken by Holders at a meeting may be taken without a meeting and without notice if Holders holding at least a Majority in Liquidation Amount of all Trust Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holders of all the Common Securities may be taken if such Holders shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (First Coastal Capital Trust)

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall unanimously consent to the action in writingwriting and the written consents are filed with the records of the meetings of Holders. Such consent shall be treated for all purposes as a vote taken at a meeting of Holders.

Appears in 1 contract

Samples: Core Trust /De

Holder Action by Written Consent. Any action which that may be taken by the Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Trust the Preferred Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Northern Trust Corp)

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without notice and without a meeting if Holders holding at least a Majority in Liquidation Amount more than 50% of all Trust Securities the total Units entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other express provision of this Trust AgreementDeclaration or the 0000 Xxx) shall consent to the action in writingwriting and the written consents shall be filed with the records of the meetings of Holders. Such consents shall be treated for all purposes as votes taken at a meeting of Holders.

Appears in 1 contract

Samples: Ubs Relationship Funds

Holder Action by Written Consent. Any action which that may be taken by Holders of Capital Securities at a meeting may be taken without a meeting if Holders holding at least a Majority in majority of the aggregate Liquidation Amount of all Trust the Capital Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing. Any action that may be taken by the Holder of all the Common Securities may be taken if such Holder shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (Bt Capital Trust B)

Holder Action by Written Consent. Any action which may be taken by Holders at a meeting may be taken without a meeting if Holders holding at least a Majority in Liquidation Amount of all outstanding Trust Securities entitled to vote in respect of such action (or such larger proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing.

Appears in 1 contract

Samples: Trust Agreement (American Safety Insurance Group LTD)

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