Common use of Evidence of Action Taken by Holders Clause in Contracts

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 5.01 and 5.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 4 contracts

Sources: Indenture (Zd Inc), Indenture (Usec Inc), Indenture (Usec Inc)

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders Noteholders in person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections Section 5.01 and Section 5.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 4 contracts

Sources: Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc)

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders of any series may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 5.01 6.01 and 5.026.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 4 contracts

Sources: Indenture (Dendreon Corp), Indenture (Dendreon Corp), Indenture (Thomas Properties Group Inc)

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders of any series may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; writing and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 5.01 6.01 and 5.026.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 2 contracts

Sources: Indenture (Lexmark International Inc /Ky/), Indenture (Lexmark International Inc /Ky/)

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders of any series may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; writing and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 5.01 6.01 and 5.026.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this ArticleArticle 7.

Appears in 1 contract

Sources: Indenture (Best Buy Co Inc)

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 5.01 501 and 5.02502) conclusive in favor of the Trustee Trustee, the Company and the CompanyGuarantor, if made in the manner provided in this Article.

Appears in 1 contract

Sources: Indenture (Vencor Inc)

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders of any series may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 5.01 and 5.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 1 contract

Sources: Indenture (Security Capital Group Inc/)

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by Securityholders a specified percentage of Units may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders specified percentage of Holders in person Person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the TrusteeUnits Agent. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture Agreement and (subject to Sections 5.01 Section 6.01 and 5.02Section 6.03) conclusive in favor of the Trustee Units Agent, the Company and the CompanyNote Issuer, if made in the manner provided in this ArticleArticle 4.

Appears in 1 contract

Sources: Units Agreement (Hovnanian Enterprises Inc)

Evidence of Action Taken by Holders. Any request, demand, ----------------------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders Holders, in person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 5.01 Section 5.1 and 5.02Section 5.2 hereof) conclusive in favor of the Trustee and the CompanyIssuer, if made in the manner provided in this Article.

Appears in 1 contract

Sources: Indenture (Amerenenergy Generating Co)