Acts of Noteholders(a). (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instrument(s) of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument(s) are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuing Entity. Such instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument(s). 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 6.1) conclusive in favor of the Indenture Trustee and the Issuing Entity, if made in the manner provided in this Section. (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 Notes shall be proved by the Note Register. (d) Any request, demand, authorization, direction, notice, consent, waiver or Act by the Holder of any Notes shall bind the Holder of every Note issued upon the registration thereof, in exchange therefor or in lieu thereof, in respect of anything done, omitted or suffered to be done by the Indenture Trustee or the Issuing Entity in reliance thereon, whether or not notation of such action is made upon such Note.
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Samples: Indenture (CNH Equipment Trust 2017-C), Indenture (CNH Equipment Trust 2017-C)
Acts of Noteholders(a). (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instrument(s) instruments of substantially similar tenor signed by such Noteholders 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(s) instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuing EntityTrust. Such instrument(s) instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “"Act” " of the Noteholders signing such instrument(s)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 6.16.01 hereof) conclusive in favor of the Indenture Trustee and the Issuing EntityTrust, if made in the manner provided in this SectionSection 11.03.
(b) The fact and date of the execution by any 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 Notes shall be proved by the Note Register.
(d) Any request, demand, authorization, direction, notice, consent, waiver or Act other action by the Holder of any Notes shall bind the Holder of every Note issued upon the registration thereof, 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 Issuing Entity Trust in reliance thereon, ; whether or not notation of such action is made upon such NoteNotes.
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Samples: Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)
Acts of Noteholders(a). (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instrument(s) instruments of substantially similar tenor signed by such Noteholders 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(s) instrument or instruments are delivered to the Indenture Trustee, and, where it is hereby expressly required, to the Issuing EntityIssuer. Such instrument(s) instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “"Act” " of the Noteholders signing such instrument(s)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 6.1) conclusive in favor of the Indenture Trustee and the Issuing EntityIssuer, if made in the manner provided in this Section.
(b) The fact and date of the execution by any Person 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 Notes shall be proved by the Note Register.
(d) Any request, demand, authorization, direction, notice, consent, waiver or Act other action by the Holder of any Notes shall bind the Holder of every Note issued upon the registration thereof, 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 Issuing Entity Issuer in reliance thereon, whether or not notation of such action is made upon such Note.
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