Common use of Acts of Securityholders Clause in Contracts

Acts of Securityholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent 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 Trustee, and, where it is hereby expressly required, to the Company. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of Unregistered Securities, shall be sufficient for any purpose of this Indenture and conclusive in favor of the Trustee and the Company, 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 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. (c) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Security shall bind every future Holder of the same Security and the Holder of every Security issued upon the transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done or suffered to be done by the Trustee or the Company in reliance thereon, whether or not notation of such action is made upon such Security.

Acts of Securityholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Pooling Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent agents duly appointed in writing; and, and except as herein otherwise expressly provided, provided such action shall become effective when such instrument or instruments are delivered to the Trustee, and, where it is hereby expressly required, to the CompanyIssuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Securityholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of Unregistered Securities, agent shall be sufficient for any purpose of this Indenture Pooling Agreement and (subject to Section 6.1) conclusive in favor of the Trustee and the CompanyIssuer, 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 by in any customary manner of 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 authorityTrustee. (c) The ownership of Securities shall be proved by the Security Register. (d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Security Securities shall bind every future Holder of the same Security and the Holder of every Security issued upon the transfer registration thereof or in exchange therefor or in lieu thereof, in respect of anything done done, omitted or suffered to be done by the Trustee or the Company Issuer in reliance thereon, whether or not notation of such action is made upon such Security.

Acts of Securityholders. (a) Any request, demand, ----------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by Securityholders or Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders or Noteholders in person or by 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 Owner Trustee, and, where it is hereby expressly required, to the Company. Proof of execution of any such instrument or of a writing appointing any such agent, or of the holding by any Person of Unregistered Securities, agent shall be sufficient for any purpose of this Indenture Agreement and conclusive in favor of the Trustee Owner Trustee, the Sponsor and the CompanyServicer, if made in the manner provided in this Section. (b) The fact and date of the execution by any person Securityholder or Noteholder of any such instrument or writing may be proved by in any reasonable manner which 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 authorityOwner Trustee deems sufficient. (c) The ownership of Securities and Notes shall be proved by the Security Register and the Note Register, respectively. (d) Any request, demand, authorization, direction, notice, consent, waiver or other action act by the Holder of any Security a Securityholder or a Noteholder shall bind every future Holder of the same Security and the Holder holder of every Security or Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof, in respect of anything done done, or suffered omitted to be done by the Owner Trustee or the Company Servicer in reliance thereon, whether or not notation of such action is made upon such SecuritySecurity or Note. (e) The Owner Trustee may require such additional proof of any matter referred to in this Section as it shall deem necessary.