Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of the Holders of Notes voting in favor thereof at any meeting of Holders, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders. Whenever the Issuer or the Trustee solicits the taking of any action by the Holders, the Issuer or the Trustee may fix in advance of such solicitation a date as the Record Date for determining Holders entitled to take such action. The Record Date, if any, shall be not more than fifteen (15) calendar days prior to the date of commencement of solicitation of such action.
Appears in 16 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.)
Action by Holders. Whenever When in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person Person or by agent Agent or proxy appointed in writing, or (b) by the record of the Holders of Notes voting in favor thereof at any meeting of HoldersHolders duly called and held in accordance with the provisions of Article X, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders. Whenever the Issuer Company or the Trustee solicits the taking of any action by the Holders, the Issuer Company or the Trustee may fix in advance of such solicitation solicitation, a date as the Record Date record date for determining Holders entitled to take such action. The Record Date, if any, record date shall be not more than fifteen (15) calendar 15 days prior to the date of commencement of solicitation of such action.
Appears in 4 contracts
Samples: Purchase Agreement (Alterra Healthcare Corp), Atlantic Coast Airlines Inc, Kellstrom Industries Inc
Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, writing or (b) by the record of the Holders of Notes voting in favor thereof at any meeting of Holders, or (c) by a combination Holders called and held in accordance with the provisions of such instrument or instruments and any such record of such a meeting of Holdersthis Article 12. Whenever the Issuer Company or the Trustee solicits the taking of any action by the Holders, the Issuer Company or the Trustee may fix in advance of such solicitation a date as the Record Date record date for determining Holders entitled to take such action. The Record DateIf a record date is fixed, if anythose and only those Persons who are Holders at the record date so fixed, or their proxies, shall be not more than fifteen (15) calendar days prior entitled to take such action regardless of whether they are Holders at the date of commencement of solicitation time of such action.
Appears in 3 contracts
Samples: Purchase Agreement (Kapson Senior Quarters Corp), Hybridon Inc, Heico Corp
Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that that, at the time of taking any such action, the Holders holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of the Holders holders of Notes voting in favor thereof at any meeting of HoldersHolders duly called and held in accordance with the provisions of Article 13, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders. Whenever the Issuer Company or the Trustee solicits the taking of any action by the Holders, the Issuer Company or the Trustee may fix in advance of such solicitation a date as the Record Date record date for determining Holders holders entitled to take such action. The Record Date, if any, record date shall be not more than fifteen (15) calendar days prior to the date of commencement of solicitation of such action.
Appears in 1 contract
Samples: Sinoenergy CORP
Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, writing or (b) by the record of the Holders of Notes voting in favor thereof at any meeting of Holders, or (c) by a combination Holders called and held in accordance with the provisions of such instrument or instruments and any such record of such a meeting of Holdersthis Article 11. Whenever the Issuer Company or the Trustee solicits the taking of any action by the Holders, the Issuer Company or the Trustee may fix in advance of such solicitation a date as the Record Date record date for determining Holders entitled to take such action. The Record DateIf a record date is fixed, if anythose and only those Persons who are Holders at the record date so fixed, or their proxies, shall be not more than fifteen (15) calendar days prior entitled to take such action regardless of whether they are Holders at the date of commencement of solicitation time of such action.
Appears in 1 contract
Samples: Southwest Securities Group Inc
Action by Holders. Whenever in this Indenture When herein it is provided that the Holders of a specified percentage in aggregate principal amount of the Notes may take any action (including the making of any demand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the Holders of such specified percentage have joined therein may be evidenced (a) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, or (b) by the record of the Holders of Notes voting in favor thereof at any meeting of Holders, Holders duly called and held in accordance with the provisions hereof and applicable law or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders. Whenever the Issuer or the Trustee Company solicits the taking of any action by the Holders, the Issuer or the Trustee Company may fix in advance of such solicitation a date as the Record Date record date for determining Holders entitled to take such action. The Record Date, if any, record date shall be not more than fifteen (15) calendar 15 days prior to the date of commencement of solicitation of such action.
Appears in 1 contract