Common use of Acts of Bondholders Clause in Contracts

Acts of Bondholders. 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. 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, as the case may be, deems sufficient. The ownership of Bonds shall be proved by the Bond Registrar. 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.

Acts of Bondholders. 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 Bond Administrator, 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 Bond Administrator, Indenture Trustee and the U.S. Trustee and the Issuer, if made in the manner provided in this Section 10.0313.11. 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 Bond Administrator Trustee or the Indenture U.S. Trustee, as the case may be, deems sufficient. The ownership of Bonds shall be proved by the Bond Registrar. 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.

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 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 hereof6.01) conclusive in favor of the Bond Administrator, Indenture Trustee and the Issuer, if made in the manner provided in this Section 10.0311.03. (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 Bond Administrator or the Indenture Trustee, as the case may be, 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. Section 11.04 Notices, etc., to Trustee, Issuer, Rating Agencies. (a) Any request, demand, authorization, direction, notice, consent, waiver or Act of Bondholders or other documents provided or permitted by this Indenture to be made upon, given or furnished to or filed with: (i) the Trustee by any Bondholder or by the Issuer, or (ii) the Issuer by the Trustee or by any Bondholder, or (iii) the Commission by the Seller, the Issuer or the Trustee shall be sufficient if in English and in writing, and sent by United States first-class mail, reputable overnight courier service, facsimile transmission or electronic mail (confirmed by telephone, United States first-class mail or reputable overnight courier service in the case of notice by facsimile transmission or electronic mail) or any other customary means of communication, and any such request, demand, authorization, direction, notice, consent, waiver or Act shall be effective when delivered or transmitted, or if mailed, five days after deposit in the United States first-class mail with proper postage for first-class mail prepaid, in the case of the Trustee, addressed to the Trustee at its Corporate Trust Office, in the case of the Commission, addressed to the Florida Public Services Commission at 0000 Xxxxxxx Xxx Blvd., Tallahassee, Florida, 32399-0850, Attention: Executive Director and General Counsel and in the case of the Issuer, addressed to: FPL Recovery Funding LLC, 000 Xxxxxxxx Xxxx., Xxxx Xxxxx, Florida 33408, Attention: Treasurer, or at any other address previously furnished in writing to the Trustee by the Issuer. The Issuer shall promptly transmit any notice received by it from the Bondholders to the Trustee. (b) Notices required to be given to the Rating Agencies by the Issuer, the Trustee or a Manager shall be in writing, delivered personally, via facsimile transmission, by reputable overnight courier or by first-class mail, postage prepaid, to: (i) in the case of Moody's: Xxxxx'x Investors Service, Inc., Attention: ABS Monitoring Department, 00 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000; (ii) in the case of Standard & Poor's: Standard & Poor's Ratings Services, a Division of the XxXxxx-Xxxx Companies, Inc., 00 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Asset Backed Surveillance Department and (iii) in the case of Fitch: Fitch, Inc., 0 Xxxxx Xxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance. 60 <PAGE> Section 11.05

Acts of Bondholders. 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 Bond Administrator, 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 Bond Administrator, Indenture Trustee and the U.S. Trustee and the Issuer, if made in the manner provided in this Section 10.0313.11. 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 Bond Administrator Trustee or the Indenture U.S. Trustee, as the case may be, deems sufficient. The ownership of Bonds shall be proved by the Bond Registrar. 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.