Common use of Resolution in Writing Clause in Contracts

Resolution in Writing. (a) Anything that may be done by the Holders by a resolution or Special Resolution passed at a meeting of Holders may be done by a resolution in writing signed by at least three-fourths (3/4) of the Holders having the right to vote on that resolution, holding in the aggregate Deposits conferring the right to cast not less than three-fourths (3/4) of the votes which could be cast on that resolution so long as the following conditions are met: (i) all the Holders entitled to receive notice if a meeting were called to pass the resolution or Special Resolution shall receive notice, in accordance with paragraph 3, or the resolution to be passed in writing; (ii) the Supervisor and FSSI shall be sent notice of the resolution to be passed in writing at the same time as it is sent to the relevant class or classes of Holders and; (iii) FSSI must, within 5 Business Days after a resolution is passed in this manner, send a copy of the resolution to every Holder entitled to vote who did not sign the resolution and on whose behalf the resolution was not signed. (b) Any such resolution may consist of several documents in similar form, each signed by one or more Holders. (c) Any such resolution may be signed by a Holder, or an agent or attorney of the Holder duly authorised in writing, or if the Holder is a Company, either under its seal or signed by an officer or attorney so authorised or by any director, secretary, general manager, investment manager or other person who appears to the Supervisor to have authority to sign the resolution on behalf of that Company.

Appears in 2 contracts

Sources: Trust Deed, Trust Deed