Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof. (b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient. (c) The ownership of Bonds shall be proved by the Bond Registrar. (d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 46 contracts
Samples: Indenture (Imh Assets Corp Impac CMB Trust Series 1999-1), Indenture (Imh Assets Corp), Indenture (Imh Assets Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
Appears in 6 contracts
Samples: Indenture (Fund America Investors Corp Ii), Indenture (Fund America Investors Corp Ii), Indenture (Aames Capital Acceptance Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Bond Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Bond Trustee, and, where it is hereby expressly required, to the Bond Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Bond Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Bond Trustee and the Bond Issuer, if made in the manner provided in this Section 10.03 hereof11.03.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Bond Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Bond Trustee or the Bond Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 5 contracts
Samples: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof12.03.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the of any Holder shall bind every future Holder of any Bonds shall bind the same Bond and the Holder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, thereof in respect of anything done, suffered or omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 5 contracts
Samples: Indenture Agreement (Criimi Mae CMBS Corp), Indenture Agreement (Criimi Mae CMBS Corp), Indenture Agreement (Criimi Mae CMBS Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of Person or any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder (and any transferee thereof) of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereofof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) The Issuer and (during the continuance of any Event of Default) the Trustee shall fix, in advance, a date as the record date for determining, the Bondholders entitled to consent to or vote on any action required or permitted to be consented to or voted upon by or on behalf of the Bondholders of any specified Aggregate Current Principal Amount of the Bonds.
Appears in 4 contracts
Samples: Indenture (National Collegiate Trust 1996-S2), Indenture (National Collegiate Trust 1997-S2), Indenture (National Collegiate Trust 1996-S2)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 3 contracts
Samples: Indenture (Impac CMB Trust Series 2005-8), Indenture (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Indenture (IMPAC CMB Trust Series 2005-5)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerCompany. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof601) conclusive in favor of the Indenture Trustee and the IssuerCompany, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the individual signing such instrument or writing acknowledged to him the execution thereof. Where such execution is by an officer of a corporation, a member of a partnership, or agent of any other entity, on behalf of such corporation, partnership or entity, such certificate or affidavit shall also constitute sufficient proof of his or her authority. The fact and date of the execution of any such instrument or writing, or the authority of the person executing the same, may also be proved in any other manner that which the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds Bond shall bind every future Holder of the same Bond and the Holder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted done or suffered to be done by the Indenture Trustee or the Issuer Company in reliance thereon, whether or not notation of such action is made upon such Bond. Section 105. Notices, etc., to Trustee and Company. Any request, demand, authorization, direction, notice, consent, waiver or Act of Bondholders or other document provided or permitted by this Indenture to be made upon, given or furnished to, or filed with, the Trustee or the Company shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to or with the Trustee or the Company, as appropriate, is mailed, first-class postage prepaid, as follows:
(1) if to the Trustee, at its Principal Corporate Trust Office;
(2) if to the Company, at the address of its principal office specified in the first paragraph of this instrument; or at any other address previously furnished in writing to the Trustee or the Company, as appropriate, by the other.
Appears in 3 contracts
Samples: Indenture (Ilx Inc/Az/), Indenture (Ilx Inc/Az/), Indenture (Ilx Inc/Az/)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 2 contracts
Samples: Indenture (PG&E Energy Recovery Funding LLC), Indenture (PG&E Energy Recovery Funding LLC)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders Bond- holders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments instru- ments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof10.03.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 2 contracts
Samples: Indenture (Novastar Mortgage Funding Corp), Indenture (Novastar Mortgage Funding Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerDepositor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the IssuerDepositor, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) The beneficial ownership of Book-Entry Bonds shall be proved by the books of the Clearing Agency or Clearing Agency Participant.
(e) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder (and any transferee thereof) of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer Depositor in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 2 contracts
Samples: Indenture (Union Planters Mortgage Finance Corp), Indenture (Union Planters Home Equity Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof13.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient; provided, that any execution acknowledged and certified by a notary public shall be presumptively valid.
(c) The ownership of Bonds shall be proved by the Bond Register, to be maintained by the Trustee as the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
Appears in 2 contracts
Samples: Indenture (Warren Resources Inc), Indenture (Warren Resources Inc)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof11.03.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 2 contracts
Samples: Indenture (FPL Recovery Funding LLC), Indenture (Florida Power & Light Co)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof10.03.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 2 contracts
Samples: Indenture (Novastar Mortgage Funding Corp), Indenture (Merrill Lynch Mortgage Investors Inc)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof13.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient; provided, that any execution acknowledged and certified by a notary public shall be presumptively valid.
(c) The ownership of Bonds shall be proved by the Bond Register, to be maintained by the Trustee as the Bond Registrar.
(d) Any request, demand, authorization, ; direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
Appears in 1 contract
Samples: Indenture (Warren Resources Inc)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this the Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents the agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this the Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
Appears in 1 contract
Samples: Standard Indenture Provisions (Fund America Investors Corp Ii)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by any Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of such Bondholders voting in favor thereof, either in person or by proxies duly appointed in writing; , at any meeting of such Bondholders duly called and except held in accordance with the provisions of Article XIV, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record, or both are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instrumentsinstruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof10.1) conclusive in favor of the Indenture Trustee and the IssuerCompany, if made in the manner provided in this Section 10.03 hereof1.4. The record of any meeting of any Bondholders shall be proved in the manner provided in Section 14.6.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved by the certificate of any notary public or other officer of any jurisdiction authorized to take acknowledgments of deeds or administer oaths that the Person executing such instrument acknowledged to him the execution thereof, or by an affidavit of a witness to such execution sworn to before any such notary or other such officer, and where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority. The fact and date of the execution of any such instrument or writing, or the authority of the Person executing the same, may also be proved in any other manner that which the Indenture Trustee deems sufficient.
(c) The ownership principal amount and serial numbers of Bonds held by any Person, and the date or dates of holding the same, shall be proved by the Bond RegistrarSecurity Register, and the Trustee shall not be affected by notice to the contrary.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds Bondholder shall bind the Holder such Bondholder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) Until such time as written instruments shall have been delivered with respect to the requisite percentage of principal amount of Bonds for the action contemplated by such instruments, any such instrument executed and delivered by or on behalf of any Bondholder may be revoked with respect to any or all of such Bonds by written notice by such Bondholder or any subsequent Bondholder, proven in the manner in which such instrument was proven.
(f) Bonds of any series authenticated and delivered after any Act of any Bondholder may, and shall if required by the Trustee, bear a notation in form approved by the Trustee as to any action taken by such Act of such Bondholder. If the Company shall so determine, new Bonds of any series so modified as to conform, in the opinion of the Company, to such action may be prepared and executed by the Company and authenticated and delivered by the Trustee in exchange for Outstanding Bonds of such series.
Appears in 1 contract
Samples: Trust Indenture (Aes Ironwood LLC)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this Section 10.03 hereof10.03.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer Issuing Entity in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (Imh Assets Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of the Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (CenterPoint Energy Restoration Bond Company, LLC)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgements of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
Appears in 1 contract
Samples: Indenture
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Standard Provisions Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and , and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Standard Provisions Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that which the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (CRSM Securities Inc)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) The Issuer may at its option by delivery of an Officer's Certificate to the Trustee set a record date to determine the Holders of any Class of Bonds entitled to give any consent, request, demand, authorization, direction, notice, waiver or other Act. Notwithstanding Trust Indenture Act section 316(c), such record date shall be the record date specified in such Officer's Certificate, which shall be the date not more than 30 days prior to the first solicitation of Bondholders in connection therewith. If such a record date is fixed, such consent, request, demand, authorization, direction, notice, waiver or other Act may be given before or after such record date, but only the Holders of Bonds of the applicable Class at the close of business on such record date shall be deemed to be Bondholders of such Class for the purposes of determining whether Holders of the requisite aggregate Outstanding Amount of Bonds of such Class have authorized or agreed or consented to such consent, request, demand, authorization, direction, notice, waiver or other Act, and for that purpose the aggregate Outstanding Amount of Bonds of such Class shall be computed as of such record date; PROVIDED, HOWEVER, that no such consent, request, demand, authorization, direction, notice, waiver or other Act by the Holders of Bonds of such Class on such record date shall be deemed effective unless it shall become effective pursuant to the provisions of this Indenture not later than one year after the record date.
(f) Except as otherwise provided in the definition of Outstanding, Bonds of any Class owned by or pledged to any Person shall have an equal and proportional benefit under the provisions of this Indenture, without preference, priority or distinction as among all of the Bonds of that Class.
Appears in 1 contract
Samples: Indenture (PSNH Funding LLC)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced any evidence by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof.
Section. XI-3 127 (b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgements of deeds, certifying that the Indenture Trustee deems sufficient.
(c) The ownership individual signing such instrument or writing acknowledged to him or her the execution thereof. Whenever such execution is by an officer of Bonds shall be proved by the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver a corporation or other action by the Holder a member of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation a partnership on behalf of such action is made upon corporation or partnership, such Bondcertificate or affidavit shall also constitute sufficient proof of his or her authority.
Appears in 1 contract
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof.are
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
(e) The Voting Record Date specified in this Indenture, or in the related Series Supplement for any Series of Bonds, shall be applicable with respect to all Acts of Bondholders under this Section 11.3.
Appears in 1 contract
Acts of Bondholders. (a) A. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and , and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee Issuer and (subject to Section 8.01) the IssuerTrustee, if made in the manner provided in this Section 10.03 hereofSection.
(b) B. The fact and date of the execution by any person Bondholder of any such instrument or writing may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the individual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority. The fact and date of execution of any such instrument or writing and the authority of any Person executing as or on behalf of any Bondholder may also be proved in any other manner that which the Indenture Trustee deems sufficient.
(c) C. The ownership owner of Bonds any Bond shall be proved by the Bond RegistrarRegister for such Bonds.
(d) D. Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds Bond shall bind every future Holder of the same Bond and the Holder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted done or suffered to be done by the Indenture Trustee or the Issuer in reliance thereonIssuer, whether or not notation of such action is made upon such Bond.
E. Notwithstanding the foregoing, for so long as the Bonds are registered in the name of a securities depository (or its nominee) as provided in Section 3.04(H), if proof of beneficial ownership of a Bond satisfactory to the Trustee and the Issuer, together with indemnification satisfactory to the Trustee and the Issuer, has been provided to the Trustee and the Issuer, the Trustee, the Issuer and their agents may treat such beneficial owner as the Holder of such Bond for purposes of this Section.
Appears in 1 contract
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerOwner Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof5.01) conclusive in favor of the Indenture Trustee and the IssuerOwner Trustee, if made in the manner provided in this Section 10.03 hereofSection. With respect to authorization to be given or taken by Bondholders, the Indenture Trustee shall be authorized to follow the written directions or the vote of Bondholders of Bonds representing more than 50% of the aggregate Bond Principal Balance of the affected Classes of Outstanding Bonds, unless any greater or lesser percentage is required by the terms hereunder.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership Bond Principal Balance and serial numbers of Bonds held by any Person, and the date of holding the same, shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, election, declaration, waiver or other action by the Holder act of any Bonds Bondholder shall bind every future Bondholder of the Holder same Bond and the Bondholder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, thereof in respect of anything done, suffered or omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (Imh Assets Corp Impac CMB Trust 1998 C1 Col Mor Bond 1998 C1)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such the Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerServicer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" “act” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof13.03.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(dc) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds Bond shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by any Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing or, alternatively, may be embodied in and evidenced by the record of such Bondholders voting in favor thereof, either in person or by proxies duly appointed in writing; , at any meeting of such Bondholders duly called and except held in accordance with the provisions of Article XIV, or a combination of such instruments and any such record. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments or record, or both are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments and any such record (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "ActACT" of the Bondholders signing such instrument or instrumentsinstruments and so voting at any such meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof10.1) conclusive in favor of the Indenture Trustee and the IssuerCompany, if made in the manner provided in this Section 10.03 hereof1.4. The record of any meeting of any Bondholders shall be proved in the manner provided in Section 14.6.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved by the certificate of any notary public or other officer of any jurisdiction authorized to take acknowledgments of deeds or administer oaths that the Person executing such instrument acknowledged to him the execution thereof, or by an affidavit of a witness to such execution sworn to before any such notary or other such officer, and where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority. The fact and date of the execution of any such instrument or writing, or the authority of the Person executing the same, may also be proved in any other manner that which the Indenture Trustee deems sufficient.
(c) The ownership principal amount and serial numbers of Bonds held by any Person, and the date or dates of holding the same, shall be proved by the Bond RegistrarSecurity Register, and the Trustee shall not be affected by notice to the contrary.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds Bondholder shall bind the Holder such Bondholder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) Until such time as written instruments shall have been delivered with respect to the requisite percentage of principal amount of Bonds for the action contemplated by such instruments, any such instrument executed and delivered by or on behalf of any Bondholder may be revoked with respect to any or all of such Bonds by written notice by such Bondholder or any subsequent Bondholder, proven in the manner in which such instrument was proven.
(f) Bonds of any series authenticated and delivered after any Act of any Bondholder may, and shall if required by the Trustee, bear a notation in form approved by the Trustee as to any action taken by such Act of such Bondholder. If the Company shall so determine, new Bonds of any series so modified as to conform, in the opinion of the Company, to such action may be prepared and executed by the Company and authenticated and delivered by the Trustee in exchange for Outstanding Bonds of such series.
Appears in 1 contract
Samples: Trust Indenture (Aes Red Oak LLC)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not not, notation of such action is made upon such BondBonds.
Appears in 1 contract
Samples: Indenture (Equity Inns Inc)
Acts of Bondholders. (a1) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such those Bondholders in person or by agents agent duly appointed in writing; writing and except satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by those Bondholders. Except as herein otherwise expressly provided, any such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "ActACT" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b2) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that which the Indenture Trustee deems sufficient.
(c3) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d4) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds Bondholder shall bind the Holder (and any transferee thereof) of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (Istar Financial Inc)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof13.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient; provided, that any execution acknowledged and certified by a notary public shall be presumptively valid.
(c) The ownership of Bonds shall be proved by the Bond Register, to be maintained by the Trustee as the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
Appears in 1 contract
Samples: Indenture (Warren Resources Inc)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Bond Administrator, Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Bond Administrator, Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof.
(b) 10.03. The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Bond Administrator or the Indenture Trustee Trustee, as the case may be, deems sufficient.
(c) . The ownership of Bonds shall be proved by the Bond Registrar.
(d) . Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced any evidence by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgements of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him or her the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his or her authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee Trustee, an Agent or the Master Servicer or the Issuer in reliance thereon, whether or not any notation of such action is made upon such BondBonds.
Appears in 1 contract
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof14.03.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the of any Holder shall bind every future Holder of any Bonds shall bind the same Bond and the Holder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, thereof in respect of anything done, suffered or omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (Imperial Credit Commercial Mortgage Acceptance Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of 78 90 anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not not: notation of such action is made upon such BondBonds.
Appears in 1 contract
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) The Issuer may at its option by delivery of an Officer's Certificate to the Trustee set a record date to determine the Holders of any Class of Bonds entitled to give any consent, request, demand, authorization, direction, notice, waiver or other Act. Notwithstanding Trust Indenture Act (S) 316(c), such record date shall be the record date specified in such Officer's Certificate, which shall be the date not more than 30 days prior to the first solicitation of Bondholders in connection therewith. If such a record date is fixed, such consent, request, demand, authorization, direction, notice, waiver or other Act may be given before or after such record date, but only the Holders of Bonds of the applicable Class at the close of business on such record date shall be deemed to be Bondholders of such Class for the purposes of determining whether Holders of the requisite aggregate Outstanding Amount of Bonds of such Class have authorized or agreed or consented to such consent, request, demand, authorization, direction, notice, waiver or other Act, and for that purpose the aggregate Outstanding Amount of Bonds of such Class shall be computed as of such record date; provided, however, that no such consent, request, demand, authorization, direction, notice, waiver or other Act by the Holders of Bonds of such Class on such record date shall be deemed effective unless it shall become effective pursuant to the provisions of this Indenture not later than one year after the record date.
(f) Except as otherwise provided in the definition of Outstanding, Bonds of any Class owned by or pledged to any Person shall have an equal and proportional benefit under the provisions of this Indenture, without preference, priority or distinction as among all of the Bonds of that Class.
Appears in 1 contract
Samples: Indenture (PSNH Funding LLC 2)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents their agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, Trustee and, where it is hereby expressly required, to the IssuerDistrict. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" “act” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof8.01) conclusive in favor of the Indenture Trustee and the IssuerDistrict, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the individual signing such instrument or writing acknowledged to him the execution thereof. Where such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority. The fact and date of the execution of any such instrument or writing, or the authority of the person executing the same, may also be proved in any other manner that which the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder any Bondholder shall bind every holder of any Bonds shall bind the Holder of every Bond issued upon the registration transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted done or suffered to be done by the Indenture Trustee or the Issuer District in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) Notwithstanding anything contained herein to the contrary, any right of demand, authorization, direction, consent, waiver or other similar action granted herein or therein to Holders of Bonds which are secured by a Credit Facility (other than in connection with an Optional Tender, or rights as a result of an Event of Default under Section 7.01(2) hereof) shall be exercised by the Credit Enhancer of such Credit Facility so long as such Credit Facility is in effect with respect to such Bonds and such Credit Enhancer is not in default thereunder, to the exclusion of the Bondholders.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Fortress Transportation & Infrastructure Investors LLC)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereofDuties of Trustee.) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) The Issuer may at its option by delivery of an Officer's Certificate to the Trustee set a record date to determine the Holders of any Class of Bonds entitled to give any consent, request, demand, authorization, direction, notice, waiver or other Act. Notwithstanding Trust Indenture Act 316(c), such record date shall be the record date specified in such Officer's Certificate, which shall be the date not more than 30 days prior to the first solicitation of Bondholders in connection therewith. If such a record date is fixed, such consent, request, demand, authorization, direction, notice, waiver or other Act may be given before or after such record date, but only the Holders of Bonds of the applicable Class at the close of business on such record date shall be deemed to be Bondholders of such Class for the purposes of determining whether Holders of the requisite aggregate Outstanding Amount of Bonds of such Class have authorized or agreed or consented to such consent, request, demand, authorization, direction, notice, waiver or other Act, and for that purpose the aggregate Outstanding Amount of Bonds of such Class shall be computed as of such record date; provided, however, that no such consent, request, demand, authorization, direction, notice, waiver or other Act by the Holders of Bonds of such Class on such record date shall be deemed effective unless it shall become effective pursuant to the provisions of this Indenture not later than one year after the record date.
(f) Except as otherwise provided in the definition of Outstanding, Bonds of any Class owned by or pledged to any Person shall have an equal and proportional benefit under the provisions of this Indenture, without preference, priority or distinction as among all of the Bonds of that Class.
Appears in 1 contract
Samples: Indenture (PSNH Funding LLC)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
(e) The Issuer may at its option by delivery of an Officer's Certificate to the Trustee set a record date to determine the Holders of any Class of Bonds entitled to give any consent, request, demand, authorization, direction, notice, waiver or other Act. Notwithstanding Trust Indenture Act Section 316(c), such record date shall be the record date specified in such Officer's Certificate, which shall be the date not more than 30 days prior to the first solicitation of Bondholders in connection therewith. If such a record date is fixed, such consent, request, demand, authorization, direction, notice, waiver or other Act may be given before or after such record date, but only the Holders of Bonds of the applicable Class at the close of business on such record date shall be deemed to be Bondholders of such Class for the purposes of determining whether Holders of the requisite aggregate Outstanding Amount of Bonds of such Class have authorized or agreed or consented to such consent, request, demand, authorization, direction, notice, waiver or other Act, and for that purpose the aggregate Outstanding Amount of Bonds of such Class shall be computed as of such record date; provided, however, that no such consent, request, demand, authorization, direction, notice, waiver or other Act by the Holders of Bonds of such Class on such record date shall be deemed effective unless it shall become effective pursuant to the provisions of this Indenture not later than one year after the record date.
(f) Except as otherwise provided in the definition of Outstanding, Bonds of any Class owned by or pledged to any Person shall have an equal and proportional benefit under the provisions of this Indenture, without preference, priority or distinction as among all of the Bonds of that Class.
Appears in 1 contract
Samples: Indenture (PSNH Funding LLC 2)
Acts of Bondholders. (a) Any request, demand, authorizationauthorisation, direction, notice, consent, waiver or other action provided by this Indenture Trust Deed to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee or the U.S. Trustee, andas the case may be, where it is hereby expressly required, and (to the extent required herein) to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture Trust Deed and (subject to Section 6.01 hereof) conclusive in favor favour of the Indenture Trustee and the U.S. Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof.
(b) 13.11. The fact and date of the execution by any person Person of any such instrument or writing may be proved by the affidavit of a witness of such execution or by a certificate of a notary public or other officer authorised by law to take acknowledgments of deeds, certifying that the individual signing such instrument or writing acknowledged to such officer the execution thereof. Where such execution is by a signer acting in a capacity other than such signer’s individual capacity, such certificate or affidavit will also constitute sufficient proof of such signer’s authority. The fact and date of the execution of any such instrument or writing, or the authority of the Person executing the same, may also be proved in any other manner that the Indenture Trustee or the U.S. Trustee, as the case may be, deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond Registrar.
(d) . Any request, demand, authorizationauthorisation, direction, notice, consent, waiver or other action by Act of the Holder Bondholder of any Bonds shall Bond will bind every future Bondholder of the Holder same Bond and the Bondholder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, thereof in respect of anything done, omitted or suffered to be done by the Indenture Trustee, the U.S. Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond. If the Issuer will solicit from the Bondholders any request, demand, authorisation, direction, notice, consent, waiver or other Act, the Issuer may, at its option, by or pursuant to a resolution by its Board of Directors, fix in advance a record date for the determination of Bondholders entitled to give such request, demand, authorisation, direction, notice, consent, waiver or other Act, but the Issuer will have no obligation to do so. If such a record date is fixed, such request, demand, authorisation, direction, notice, consent, waiver or other Act may be given before or after such record date, but only the holders of record at the Close of Business on such record date will be deemed to be holders for the purposes of determining whether Bondholders of the requisite proportion of outstanding Bonds have authorised or agreed or consented to such request, demand, authorisation, direction, notice, consent, waiver or other Act, and, for that purpose, the outstanding Bonds will be computed as of such record date; provided that no such authorisation, agreement or consent by the Bondholders on such record date will be deemed effective unless it will become effective pursuant to the provisions of this Trust Deed not later than six (6) months after the record date.
Appears in 1 contract
Samples: Trust Deed (LBI Hf.)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced any evidence by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgements of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him or her the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his or her authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not any notation of such action is made upon such BondBonds.
Appears in 1 contract
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof11.03.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
. 59 <PAGE> (c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture
Acts of Bondholders. (a) Any Unless otherwise indicated in the Conditions, any request, demand, authorizationauthorisation, direction, notice, consent, waiver or other action provided by this Indenture Trust Deed to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee or the U.S. Trustee, andas the case may be, where it is hereby expressly required, and (to the extent required herein) to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "“Act" ” of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture Trust Deed and (subject to Section 6.01 hereof) conclusive in favor favour of the Indenture Trustee and the U.S. Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereof.
(b) 13.11. The fact and date of the execution by any person Person of any such instrument or writing may be proved by the affidavit of a witness of such execution or by a certificate of a notary public or other officer authorised by law to take acknowledgments of deeds, certifying that the individual signing such instrument or writing acknowledged to such officer the execution thereof. Where such execution is by a signer acting in a capacity other than such signer’s individual capacity, such certificate or affidavit will also constitute sufficient proof of such signer’s authority. The fact and date of the execution of any such instrument or writing, or the authority of the Person executing the same, may also be proved in any other manner that the Indenture Trustee or the U.S. Trustee, as the case may be, deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond Registrar.
(d) . Any request, demand, authorizationauthorisation, direction, notice, consent, waiver or other action by Act of the Holder Bondholder of any Bonds shall Bond will bind every future Bondholder of the Holder same Bond and the Bondholder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, thereof in respect of anything done, omitted or suffered to be done by the Indenture Trustee, the U.S. Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond. If the Issuer will solicit from the Bondholders any request, demand, authorisation, direction, notice, consent, waiver or other Act, the Issuer may, at its option, by or pursuant to a resolution by its Board of Directors, fix in advance a record date for the determination of Bondholders entitled to give such request, demand, authorisation, direction, notice, consent, waiver or other Act, but the Issuer will have no obligation to do so. If such a record date is fixed, such request, demand, authorisation, direction, notice, consent, waiver or other Act may be given before or after such record date, but only the holders of record at the Close of Business on such record date will be deemed to be holders for the purposes of determining whether Bondholders of the requisite proportion of outstanding Bonds have authorised or agreed or consented to such request, demand, authorisation, direction, notice, consent, waiver or other Act, and, for that purpose, the outstanding Bonds will be computed as of such record date; provided that no such authorisation, agreement or consent by the Bondholders on such record date will be deemed effective unless it will become effective pursuant to the provisions of this Trust Deed not later than six (6) months after the record date.
Appears in 1 contract
Samples: Trust Deed (LBI Ehf.)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any customary manner that of the Indenture Trustee deems sufficientTrustee.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in by the affidavit of a witness of such execution or by the certificate of any manner notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the Indenture Trustee deems sufficientindividual signing such instrument or writing acknowledged to him the execution thereof. Whenever such execution is by an officer of a corporation or a member of a partnership on behalf of such corporation or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such BondBonds.
(e) The Voting Record Date specified in this Indenture, or in the related Series Supplement for any Series of Bonds, shall be applicable with respect to all Acts of Bondholders under this Section 11.3.
Appears in 1 contract
Samples: Indenture (CMC Securities Corp Iv)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents their agent duly appointed in writing; and and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerSponsor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" Act of the Bondholders Bondholders" signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof) conclusive in favor of the Indenture Trustee and the IssuerSponsor, if made in the manner provided in this Section 10.03 hereof13.03.
(b) The fact and date of the execution by any person Person of any such instrument or writing may be proved in any manner that which the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond Register, to be maintained by the Trustee as the Bond Registrar.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder holder of any Bonds Bond or Certificate shall bind the Holder of every each Bond or Certificate issued upon the registration thereof or in exchange therefor or in lieu thereof, thereof in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer Sponsor in reliance thereon, whether or not notation of such action is made upon such BondBond or Certificate.
Appears in 1 contract
Samples: Trust Indenture (BFC Finance Corp)
Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Bondholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01 hereof6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.03 hereofSection.
(b) The fact and date of the execution by any person of any such instrument or writing may be proved in any manner that the Indenture Trustee deems sufficient.
(c) The ownership of Bonds shall be proved by the Bond RegistrarRegister.
(d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bonds shall bind the Holder of every Bond issued upon the registration thereof or in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuer in reliance thereon, whether or not notation of such action is made upon such Bond.
Appears in 1 contract
Samples: Indenture (Allied Capital Corp)