Common use of Quorum; Action Clause in Contracts

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 3 contracts

Sources: Indenture (Orion Power Holdings Inc), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesHolders, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.8 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i1) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii2) the Persons entitled to vote not less than 66-2/3% a majority in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (Church & Dwight Co Inc /De/), Indenture (Bowne & Co Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesHolders, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-66 2/3% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (Sonus Networks Inc), Indenture (Sonus Networks Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(110.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected9.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-66 2/3% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 2 contracts

Sources: Indenture (Homebase Inc), Indenture (MRV Communications Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(1)11.02, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant action or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) matter, except as otherwise specified herein, shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes represented and entitled to vote voting at such meeting. Any resolution action or matter passed or decisions decision taken at any meeting of Holders of Notes duly held in accordance with this Section 11.05 shall be binding on all the Holders of Notes Notes, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 2 contracts

Sources: Indenture (Knology Holdings Inc /Ga), Indenture (Knology Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% a majority in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (Connetics Corp), Indenture (Medarex Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of the applicable series shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities of such series, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 8.02(113.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Subject to the foregoing, at At the reconvening of any meeting adjourned for a lack of a quorumquorum pursuant to the preceding paragraph, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities of the applicable series at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. Notice of the reconvening of a meeting adjourned for lack of a quorum shall state expressly the percentage of the principal amount of the Outstanding Securities of such series which shall constitute a quorum. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.2) shall be effectively passed and decided if passed or decided by the Persons entitled to vote not less than the lesser of (i) a majority in principal amount of Outstanding Securities of the applicable series and (ii) 66 2/3% in principal amount of Outstanding Securities of such series represented and voting at such meeting; provided, however, that any resolution with respect to any request, demand, authorization, direction, notice, consent, election, waiver or other Act which this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly 97 105 reconvened and at which a quorum is present as aforesaid by the affirmative vote of the lesser of (i) the Holders of not less than such specified percentage in principal amount of the Outstanding Securities of such series and (ii) a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount Outstanding Securities of outstanding Notes such series represented and entitled to vote voting at such meeting or adjourned meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities of any series issuable as Bearer Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities of such series and interest coupons, whether or not present or represented at the meeting. The Trustee shallIn the event that any meeting shall be adjourned for lack of a quorum or that, in the name and at the expense of the Companyany meeting at which a quorum is present, notify all any proposed resolution or decision shall not be passed or taken because the Holders of Notes the percentage of Outstanding Securities of any series issuable as Bearer Securities needed to approve such resolutions resolution or decisions pursuant decision did not vote in favor of such resolution or decision, the principal amount of Outstanding Securities of such series represented at such meeting and voting in favor of such resolution or decision may be counted for purposes of calculating whether the consent of the Holders of the percentage of Outstanding Securities of such series needed in order to Section 12.02make, give or take any request, demand, authorization, direction, notice, consent, election, waiver or other action has been obtained, and such vote shall constitute the consent thereto of such Holders.

Appears in 2 contracts

Sources: Senior Indenture (Mapco Inc), Senior Indenture (Mapco Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount aggregate Principal Amount of the outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(18.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount aggregate Principal Amount of the outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount aggregate Principal Amount of the outstanding Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount aggregate Principal Amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount aggregate Principal Amount of outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 2 contracts

Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of outstanding Notes the Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the CompanyIssuer, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (Atmel Corp), Indenture (Wind River Systems Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes the Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% 66?% in principal amount of outstanding Notes the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (Hewitt Associates Inc), Indenture (Exult Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking any subsequent adjournment of any action set forth in the notice of the original such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes the Outstanding Securities and (ii) the Persons entitled to vote not less than 66-66 2/3% in principal amount of outstanding Notes the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (Solectron Corp), Indenture (Solectron Corp)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3662/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (PMC Sierra Inc), Indenture (Abx Air Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-66 2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 2 contracts

Sources: Indenture (Extreme Networks Inc), Indenture (Pep Boys Manny Moe & Jack)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of the applicable series shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities of such series, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 8.02(113.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Subject to the foregoing, at At the reconvening of any meeting adjourned for a lack of a quorumquorum pursuant to the preceding paragraph, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities of the applicable series at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. Notice of the reconvening of a meeting adjourned for lack of a quorum shall state expressly the percentage of the principal amount of the Outstanding Securities of such series which shall constitute a quorum. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso 98 107 to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.2) shall be effectively passed and decided if passed or decided by the Persons entitled to vote not less than the lesser of (i) a majority in principal amount of Outstanding Securities of the applicable series and (ii) 66 2/3% in principal amount of Outstanding Securities of such series represented and voting at such meeting; provided, however, that any resolution with respect to any request, demand, authorization, direction, notice, consent, election, waiver or other Act which this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the lesser of (i) the Holders of not less than such specified percentage in principal amount of the Outstanding Securities of such series and (ii) a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount Outstanding Securities of outstanding Notes such series represented and entitled to vote voting at such meeting or adjourned meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities of any series issuable as Bearer Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities of such series and interest coupons, whether or not present or represented at the meeting. The Trustee shallIn the event that any meeting shall be adjourned for lack of a quorum or that, in the name and at the expense of the Companyany meeting at which a quorum is present, notify all any proposed resolution or decision shall not be passed or taken because the Holders of Notes the percentage of Outstanding Securities of any series issuable as Bearer Securities needed to approve such resolutions resolution or decisions pursuant decision did not vote in favor of such resolution or decision, the principal amount of Outstanding Securities of such series represented at such meeting and voting in favor of such resolution or decision may be counted for purposes of calculating whether the consent of the Holders of the percentage of Outstanding Securities of such series needed in order to Section 12.02make, give or take any request, demand, authorization, direction, notice, consent, election, waiver or other action has been obtained, and such vote shall constitute the consent thereto of such Holders.

Appears in 2 contracts

Sources: Subordinated Indenture (Mapco Inc), Subordinated Indenture (Mapco Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking any subsequent adjournment of any action set forth in the notice of the original such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes represented and entitled to vote at such meetingOutstanding Securities. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Mercury Computer Systems Inc)

Quorum; Action. The presence of Persons entitled to vote a majority holding Notes in an aggregate principal amount of sufficient to take action upon the outstanding Notes matter for which such meeting was called shall constitute a quorumquorum for a meeting of Holders. In the absence of a quorum within 30 minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesHolders, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(111.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the outstanding Notes which that shall constitute a quorum. Subject A resolution presented to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the foregoing, at affirmative vote of the reconvening of any meeting adjourned for a lack Holders of a quorum, the Persons entitled to vote 25% majority in principal amount of the outstanding Notes at Notes; provided, however, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other Act which this Indenture expressly provides may be made, given or taken by the time shall constitute Holders of a quorum for the taking of any action set forth specified percentage, which is less or more than a majority in the notice principal amount of the original meeting. At Notes may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided aforesaid by the lesser affirmative vote of (i) the Holders of not less than a majority such specified percentage in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes represented and entitled to vote at such meetingNotes. Any resolution passed or decisions decision taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes Holders, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (Northern Border Partners Lp)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(1)12.02, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which shall constitute a quorum. 91 84 Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant action or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) matter, except as otherwise specified herein, shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes represented and entitled to vote voting at such meeting. Any resolution action or matter passed or decisions decision taken at any meeting of Holders of Notes duly held in accordance with this Section 12.05 shall be binding on all the Holders of Notes Notes, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (Powertel Inc /De/)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned reconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of outstanding Notes the Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the 74 84 expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Orbital Sciences Corp /De/)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of the applicable series shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities of such series, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 8.02(113.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which shall constitute a quorum. Subject to the foregoing, at At the reconvening of any meeting adjourned for a lack of a quorumquorum pursuant to the preceding paragraph, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities of the applicable series at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. Notice of the reconvening of a meeting adjourned for lack of a quorum shall state expressly the percentage of the principal amount of the Outstanding Securities of such series which shall constitute a quorum. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.2) shall be effectively passed and decided if passed or decided by the Persons entitled to vote not less than the lesser of (i) a majority in principal amount of Outstanding Securities of the applicable series and (ii) 66 2/3% in principal amount of Outstanding Securities of such series represented and voting at such meeting; provided, however, that any resolution with respect to any request, demand, authorization, direction, notice, consent, election, waiver or other Act which this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the lesser of (i) the Holders of not less than such specified 84 93 percentage in principal amount of the Outstanding Securities of such series and (ii) a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount Outstanding Securities of outstanding Notes such series represented and entitled to vote voting at such meeting or adjourned meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities of any series issuable as Bearer Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities of such series and interest coupons, whether or not present or represented at the meeting. The Trustee shallIn the event that any meeting shall be adjourned for lack of a quorum or that, in the name and at the expense of the Companyany meeting at which a quorum is present, notify all any proposed resolution or decision shall not be passed or taken because the Holders of Notes the percentage of Outstanding Securities of any series issuable as Bearer Securities needed to approve such resolutions resolution or decisions pursuant decision did not vote in favor of such resolution or decision, the principal amount of Outstanding Securities of such series represented at such meeting and voting in favor of such resolution or decision may be counted for purposes of calculating whether the consent of the Holders of the percentage of Outstanding Securities of such series needed in order to Section 12.02make, give or take any request, demand, authorization, direction, notice, consent, election, waiver or other action has been obtained, and such vote shall constitute the consent thereto of such Holders.

Appears in 1 contract

Sources: Senior Indenture (Allied Waste Industries Inc)

Quorum; Action. (a) The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(1)11.2, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. . (b) Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. . (c) At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected10.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% a majority in aggregate principal amount of outstanding Notes the Outstanding Securities represented and entitled to vote voting at such meeting. , (d) Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (Apria Healthcare Group Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the 66 time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.13 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Alcatel Usa Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(115.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 9.2 and except to the extent Section 10.8 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Advanced Energy Industries Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(11702(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 902 and except to the extent Section 1010 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.02106.

Appears in 1 contract

Sources: Indenture (Mindspring Enterprises Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesDebentures, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(18.2(a), except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Debentures which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Debentures at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent 7.02 of the Holder of each outstanding Note affected) Base Indenture shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Debentures represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Debentures duly held in accordance with this Section shall be binding on all the Holders of Notes Debentures, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: First Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.13 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of outstanding Notes all Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% 66"% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Atmi Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting 74 shall be given as provided in Section 8.02(110.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected9.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-66 2/3% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (Aspen Technology Inc /De/)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(1)10.02, except that such notice need be given only once and not less than five days prior to the date on which the meeting is 73 66 scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant action or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) matter, except as otherwise specified herein, shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Securities represented and entitled to vote voting at such meeting. Any resolution action or matter passed or decisions decision taken at any meeting of Holders of Notes Securities duly held in accordance with this Section 10.05 shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (GST Telecommunications Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(17.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% a majority in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected6.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% a majority in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.06.

Appears in 1 contract

Sources: Indenture (Noble International LTD)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% 66?% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Anadigics Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed -62- or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Analog Devices Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking any subsequent adjournment of any action set forth in the notice of the original such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Epix Medical Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed -66- or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-66 2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Corixa Corp)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(11302(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected902) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-66 2/3% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (Staples Inc)

Quorum; Action. The Persons entitled to vote a majority in of the principal amount of the outstanding Notes Outstanding CODES shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesCODES, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(18.2(a), except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding CODES which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in of the principal amount of the outstanding Notes Outstanding CODES at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected7.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in a majority of the principal amount of outstanding Notes Outstanding CODES represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes CODES duly held in accordance with this Section shall be binding on all the Holders of Notes CODES, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (Apogent Technologies Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum uqorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(115.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 9.2 and except to the extent Section 10.8 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Advanced Energy Industries Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesDebentures, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(18.2(a), except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Debentures which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Debentures at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent 7.02 of the Holder of each outstanding Note affectedBase Indenture) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Debentures represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Debentures duly held in accordance with this Section shall be binding on all the Holders of Notes Debentures, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: First Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned reconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 1 contract

Sources: Indenture (Veritas Software Corp)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.13 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (DSC Communications Corp)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. 105 118 Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of outstanding Notes the Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in aggregate principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities and coupons, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Baan Co N V)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking any subsequent adjournment of any action set forth in the notice of the original such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes the Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% 66?% in principal amount of outstanding Notes the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Solectron Corp)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the then outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesHolders, be dissolved. In any other case, the meeting 45 may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the then outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the then outstanding Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of then outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% 66-?% in principal amount of then outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to in accordance with Section 12.02.

Appears in 1 contract

Sources: Indenture (Community Health Systems Inc/)

Quorum; Action. The Persons entitled to vote a majority in -------------- principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.13 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-66- 2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Exodus Communications Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five 5 days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-66 2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Realnetworks Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned reconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the proviso to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected8.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.06.

Appears in 1 contract

Sources: Indenture (Ventro Corp)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Debentures shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders holders of NotesDebentures, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(1)10.02, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Debentures which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Debentures at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At Except as otherwise provided by the Trust Indenture Act, after this Indenture is qualified thereunder, at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than a covenant or condition which under except as limited by the provisos to Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affected11.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Debentures represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders holders of Notes Debentures duly held in accordance with this Section shall be binding on all the Holders holders of Notes Debentures, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders holders of Notes Debentures of any such resolutions or decisions pursuant to Section 12.0210.05.

Appears in 1 contract

Sources: Indenture (General Datacomm Industries Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Sports Authority Inc /De/)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes which Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.11 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Notes represented and entitled to vote at such meetingOutstanding Securities. 72 Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting, so long as such resolutions and decisions are in writing. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Reliant Resources Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Notes Outstanding Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.8 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Notes Outstanding Securities and (ii) the Persons entitled to vote not less than 66-66 2/3% in principal amount of outstanding Notes Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Cogent Communications Group Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(l), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the outstanding Notes Outstanding Securities which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the outstanding Notes Securities at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of outstanding Notes and Outstanding Securities or (ii) the Persons entitled to vote Holders of not less than 66-2/3% in aggregate principal amount of outstanding Notes represented and entitled to vote Outstanding Securities present at such meetingany given meeting at which a quorum is present. Any resolution passed or decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes Securities of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (Amerisource Health Corp/De)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 8.02(19.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the outstanding Outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the outstanding Outstanding Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (other than except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a covenant or condition which under Section 9.02 cannot be modified or amended without the consent of the Holder of each outstanding Note affecteddifferent vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of outstanding Outstanding Notes and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of outstanding Outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Notes of any such resolutions or decisions pursuant to Section 12.021.6.

Appears in 1 contract

Sources: Indenture (American Greetings Corp)