Common use of Action by Holders Clause in Contracts

Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage of the aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Article 13, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders.

Appears in 3 contracts

Sources: Indenture (Nuvasive Inc), Indenture (Nuvasive Inc), Indenture (Nuvasive Inc)

Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage of the in aggregate principal amount of the Notes Securities of any or all series may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), ) the fact that at the time of taking any such action, action the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by such Holders in person or by agent or proxy appointed in writing, or (b) by the record of the such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of this Article 13Thirteen, or (c) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.. ARTICLE FOURTEEN

Appears in 3 contracts

Sources: Indenture (Kerr McGee Corp /De), Indenture (L 3 Communications Corp), Indenture (Kerr McGee Corp /De)

Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage of the aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Article 139, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders.by

Appears in 2 contracts

Sources: Indenture (Iac/Interactivecorp), Indenture (Vivus Inc)

Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage of the aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Article 139, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders.of

Appears in 2 contracts

Sources: Indenture (GameStop Corp.), Indenture (Pandora Media, Inc.)

Action by Holders. Whenever Subject to Section 14.6, whenever in this Indenture it is provided that the Holders of a specified percentage of the in aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), ) the fact that at the time of taking any such action, action the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person Person or by agent or proxy appointed in writing, or (b) by the record of the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article 13Section 10.1 hereof, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders.

Appears in 1 contract

Sources: Indenture (Southern Pacific Funding Corp)

Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage of the in aggregate principal amount of the Notes Securities of any or all series may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), ) the fact that at the time of taking any such action, action the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by such Holders in person or by agent or proxy appointed in writing, or (b) by the record of the such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of this Article 13Thirteen, or (c) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.

Appears in 1 contract

Sources: Indenture (L 3 Communications Corp)

Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage of the aggregate principal amount of the Notes Securities may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Article 139, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders.by

Appears in 1 contract

Sources: Indenture (Arbor Realty Trust Inc)