Common use of Action by Noteholders Clause in Contracts

Action by Noteholders. Whenever in this Indenture it is provided that the holders of a specified percentage 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, 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 Noteholders in person or by agent or proxy appointed in writing, or (b) by the record of the holders of Notes voting in favor thereof at any meeting of Noteholders duly called and held in accordance with the provisions of Article 10, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Noteholders. Whenever the Issuer or the Trustees (acting jointly or separately) solicits the taking of any action by the holders of the Notes, the Issuer or the Trustees may fix in advance of such solicitation, a date as the record date for determining holders entitled to take such action. The record date shall be not more than fifteen (15) days prior to the date of commencement of solicitation of such action.

Action by Noteholders. Whenever in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the Notes of any 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, 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 Noteholders of such series in person or by agent or proxy appointed in writing, or (b) by the record of the holders of Notes of such series voting in favor thereof at any meeting of Noteholders of such series duly called and held in accordance with the provisions of Article 10X, or (c) by a combination of such instrument or instruments and any such record of such a meeting of NoteholdersNoteholders of such series. Whenever the Issuer Company or the Trustees (acting jointly or separately) Trustee solicits the taking of any action by the holders of the NotesNotes of any series, the Issuer Company or the Trustees Trustee may fix in advance of such solicitation, a date as the record date for determining holders of such series entitled to take such action. The record date shall be not more than fifteen (15) days prior to the date of commencement of solicitation of such action.