Action by Securityholders. Whenever in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the 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 Securityholders in person or by agent or proxy appointed in writing, or (b) by the record of the Securityholders voting in favor thereof at any meeting of Securityholders duly called and held in accordance with the provisions of Article 8, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Securityholders. Whenever the Company or the Trustee solicits the taking of any action by the Securityholders, the Company or the Trustee may fix in advance of such solicitation, a date as the record date for determining Securityholders 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.
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Action by Securityholders. Whenever When in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the 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 Securityholders in person or by agent or proxy appointed in writing, or (b) by the record of the Securityholders holders of Securities voting in favor thereof at any meeting of Securityholders duly called and held in accordance with the provisions of Article 8X, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Securityholders. Whenever the Company or the Trustee solicits the taking of any action by the Securityholdersholders of the Securities, the Company or the Trustee may fix in advance of such solicitation, a date as the record date for determining Securityholders 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.
Appears in 2 contracts
Sources: Securities Purchase Agreement (System Software Associates Inc), Indenture (System Software Associates Inc)
Action by Securityholders. Whenever in this Indenture it is provided that the holders Holders of a specified percentage in aggregate principal amount of the Securities 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 such Securityholders 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 Securityholders in person or by agent or proxy appointed in writing, or (b) by the record of the Securityholders Holders of such Securities voting in favor thereof at any meeting of Securityholders duly called and held in accordance with the provisions of Article 8such Securityholders, or (c) by a combination of such instrument or instruments and any such record of such a meeting of such Securityholders. Whenever the Company Issuer or the Trustee solicits the taking of any action by the SecurityholdersHolders of such Securities, the Company Issuer or the Trustee may fix in advance of such solicitation, solicitation a date as the record date for determining Securityholders Holders entitled to take such action. The record date date, if any, shall be not more than fifteen (15) calendar days prior to the date of commencement of solicitation of such action.
Appears in 1 contract
Action by Securityholders. Whenever When in this Indenture it is ------------------------- provided that the holders of a specified percentage in aggregate principal amount of the 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 Securityholders in person or by agent or proxy appointed in writing, or (b) by the record of the Securityholders holders of Securities voting in favor thereof at any meeting of Securityholders duly called and held in accordance with the provisions of Article 8X, or (c) by a --------- combination of such instrument or instruments and any such record of such a meeting of Securityholders. Whenever the Company or the Trustee solicits the taking of any action by the Securityholdersholders of the Securities, the Company or the Trustee may fix in advance of such solicitation, a date as the record date for determining Securityholders 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.
Appears in 1 contract
Action by Securityholders. Whenever in this Indenture it is provided that the holders of a specified percentage in aggregate principal amount of the 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 Securityholders in person or by agent or proxy appointed in writing, or (b) by the record of the Securityholders holders of Securities voting in favor thereof at any meeting of Securityholders duly called and held in accordance with the provisions of Article 8, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Securityholders. Whenever the Company or the Trustee solicits the taking of any action by the Securityholdersholders of the Securities, the Company or the Trustee may fix in advance of such solicitation, a date as the record date for determining Securityholders 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.
Appears in 1 contract
Sources: Indenture (Canadian Solar Inc.)