Common use of Evidence of Action by Holders Clause in Contracts

Evidence of Action by Holders. (a) Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Securities of any series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person or by agent or proxy appointed in writing, or (b) by the record of such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, or (c) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.

Appears in 3 contracts

Sources: Indenture (Ingredion Inc), Indenture (Corn Products International Inc), Indenture (Corn Products International Inc)

Evidence of Action by Holders. (a) Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, 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 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 such the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, Section 5.02 or (c) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.

Appears in 2 contracts

Sources: Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)

Evidence of Action by Holders. (a) Whenever in this ------------------------------ Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person or by agent or proxy appointed in writing, or (b) by the record of such the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, Section 13.09 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 (Vintage Petroleum Capital I)

Evidence of Action by Holders. (a) Whenever in this ------------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person Person or by agent or proxy appointed in writing, or (b) by the record of such the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, Section 5.02 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 (Chirex Inc)

Evidence of Action by Holders. (a) Whenever in this ----------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person Person or by agent or proxy appointed in writing, or (b) by the record of such the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, Section 5.02 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 (Electronic Data Systems Corp /De/)

Evidence of Action by Holders. (a) Whenever in this ----------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Securities of any series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person or by agent or proxy appointed in writing, or (b) by the record of such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, 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 (Hussmann International Inc)

Evidence of Action by Holders. (a) Whenever in this Indenture ----------------------------- it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person Person or by agent or proxy appointed in writing, or (b) by the record of such the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, Section 5.02 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 (Electronic Data Systems Corp /De/)

Evidence of Action by Holders. (a) Whenever in this the ----------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person or by agent or proxy appointed in writing, or (b) by the record of such the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, Section 5.02 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: Senior Indenture (Plains All American Pipeline Lp)

Evidence of Action by Holders. (a) Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Securities of any series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person or by agent or proxy appointed in writing, or (b) by the record of such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, 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 (Hussmann International Inc)

Evidence of Action by Holders. (a) Whenever in this the Indenture ----------------------------- it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, 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 such Holders in person or by agent or proxy appointed in writing, or (b) by the record of such the Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Article Nine, Section 5.02 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: Subordinated Indenture (Plains All American Pipeline Lp)