Common use of Consent of Bondholders Clause in Contracts

Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 hereof to take effect when and as provided in this Section. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture (or summary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds for their consent thereto in form satisfactory to the Trustee, shall be mailed or distributed by Electronic Means by the Corporation to each affected Holder of Bonds. Such Supplemental Indenture shall not become effective until (i) there shall have been filed with the Trustee (a) the written consent of the Holders of the percentages of Outstanding Bonds specified in Section 10.01 hereof and (b) an opinion of Transaction Counsel stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed by the Corporation in accordance with the provisions hereof, is authorized or permitted hereby, and is valid and binding upon the Corporation and enforceable in accordance with its terms, and (ii) a notice shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Holder of the Bonds giving such consent and on any subsequent Holder of such Bonds (whether or not such subsequent Holder has notice thereof). At any time after the Holders of the required percentages of Bonds shall have filed their consent to the Supplemental Indenture, notice, stating in substance that the Supplemental Indenture has been consented to by the Holders of the required percentages of Bonds and will be effective as provided in this Section, may be given to the Bondholders by mailing such notice to Bondholders. The Corporation shall file with the Trustee proof of giving such notice. Such Supplemental Indenture shall be deemed conclusively binding upon the Corporation and the Holders of all Bonds at the expiration of sixty (60) days after the filing with the Trustee of the proof of the mailing of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose within such sixty day period; provided, however, that the Corporation during such sixty day period and any such further period during which any such action or proceeding may be pending shall be entitled in its absolute discretion to take such action, or to refrain from taking such action, with respect to such Supplemental Indenture as it may deem expedient.

Appears in 2 contracts

Samples: Master Trust Indenture, Master Trust Indenture

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Consent of Bondholders. The Corporation State and the Trustee may at any time execute and deliver a Supplemental Indenture Trust Agreement making a modification or amendment permitted by the provisions of Section 10.01 hereof 1002, to take effect when and as provided in this Section. Upon the adoption execution of such Supplemental IndentureTrust Agreement, a copy thereof, certified by an Authorized Officer; thereof shall be filed with the Trustee for inspection by the inspection of the Holders of BondsBondholders. A copy of such Supplemental Indenture Trust Agreement (or summary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds Bondholders for their consent thereto in form satisfactory to the Trustee, Trustee shall be mailed or distributed by Electronic Means by the Corporation State to each affected Holder Bondholders (but failure to mail such copy and request shall not affect the validity of Bondsthe Supplemental Trust Agreement when consented to as in this Section provided). Such Supplemental Indenture Trust Agreement shall not become be effective unless and until (i) there shall have been filed with the Trustee (a) the written consent of the Holders consents of the percentages of the registered owners of Outstanding Bonds specified in Section 10.01 hereof 1002 and (b) an opinion of Transaction Counsel stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed by the Corporation in accordance with the provisions hereof, is authorized or permitted hereby, and is valid and binding upon the Corporation and enforceable in accordance with its terms, and (ii) a notice shall have been mailed given as hereinafter in this Section provided. Any such consent shall be binding upon the Holder registered owner of the Bonds giving such consent and on any subsequent Holder registered owner of such Bonds (whether or not such subsequent Holder registered owner has notice thereof). At any time after the Holders registered owners of the required percentages of Bonds shall have filed their consent to the Supplemental IndentureTrust Agreement, notice, stating in substance that the Supplemental Indenture Trust Agreement has been consented to by the Holders registered owners of the required percentages of Bonds and will be effective as provided in this Sectionsection, may be given to the Bondholders by mailing such notice to BondholdersBondholders (but failure to mail such notice shall not prevent such Supplemental Trust Agreement from becoming effective and binding as herein provided). The Corporation An Authorized Officer shall file with the Trustee proof of giving such notice. Such Supplemental Indenture Trust Agreement shall be deemed conclusively binding upon the Corporation State, the Fiduciaries and the Holders registered owners of the all Bonds at the expiration of sixty (60) days after the filing with the Trustee of the proof of the mailing of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding commenced for such purpose within such sixty sixty-day period; provided, however, that any Fiduciary and the Corporation State during such sixty sixty-day period and any such further period during which any such action or proceeding may be pending shall be entitled in its their absolute discretion to take such action, or to refrain from taking such action, with respect to such Supplemental Indenture Trust Agreement as it they may deem expedient.

Appears in 1 contract

Samples: Trust Agreement

Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 hereof to take effect when and as provided in this Section. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture (or summary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds for their consent thereto in form satisfactory to the Trustee, shall be mailed or distributed by Electronic Means by the Corporation to each affected Holder Holders of Bonds. Such Supplemental Indenture shall not become effective until (i) there shall have been filed with the Trustee (a) the written consent of the Holders of the percentages of Outstanding Bonds specified in Section 10.01 hereof and (b) an opinion of Transaction Counsel stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed by the Corporation in accordance with the provisions hereof, is authorized or permitted DRAFT hereby, and is valid and binding upon the Corporation and enforceable in accordance with its terms, and (ii) a notice shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Holder of the Bonds giving such consent and on any subsequent Holder of such Bonds (whether or not such subsequent Holder has notice thereof). At any time after the Holders of the required percentages of Bonds shall have filed their consent to the Supplemental Indenture, notice, stating in substance that the Supplemental Indenture has been consented to by the Holders of the required percentages of Bonds and will be effective as provided in this Section, may be given to the Bondholders by mailing such notice to Bondholders. The Corporation shall file with the Trustee proof of giving such notice. Such Supplemental Indenture shall be deemed conclusively binding upon the Corporation and the Holders of all Bonds at the expiration of sixty (60) days after the filing with the Trustee of the proof of the mailing of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose within such sixty day period; provided, however, that the Corporation during such sixty day period and any such further period during which any such action or proceeding may be pending shall be entitled in its absolute discretion to take such action, or to refrain from taking such action, with respect to such Supplemental Indenture as it may deem expedient.

Appears in 1 contract

Samples: Master Trust Indenture

Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 hereof to take effect when and as provided in this Section. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of BondsBondholders. A copy of such Supplemental Indenture (or summary thereof or reference thereto in form approved in writing prepared by the TrusteeCorporation) together with a request to Holders of Bonds the Bondholders for their consent thereto in form satisfactory to the Trustee, shall be mailed or distributed by Electronic Means by the Corporation to each affected Holder of BondsBondholder. Such Supplemental Indenture shall not become effective until until: (i) there shall have been filed with the Trustee (a) the written consent of the Holders Bondholders of the percentages of Outstanding Bonds specified in Section 10.01 hereof and (b) an opinion of Transaction Counsel stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed by the Corporation in accordance with the provisions hereof, is authorized or permitted hereby, and is valid and binding upon the Corporation and enforceable in accordance with its terms, ; and (ii) a notice shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Holder of the Bonds Bondholders giving such consent and on any subsequent Holder Bondholder of such Bonds (whether or not such subsequent Holder Bondholder has notice thereof). At any time after the Holders Bondholders of the required percentages of Bonds shall have filed their consent to the Supplemental Indenture, notice, stating in substance that the Supplemental Indenture has been consented to by the Holders Bondholders of the required percentages of Bonds and will be effective as provided in this Section, may be given to the Bondholders by mailing such notice to Bondholders. The Corporation shall file with the Trustee proof of giving such notice. Such Supplemental Indenture shall be deemed conclusively binding upon the Corporation and the Holders of all Bonds Bondholders at the expiration of sixty (60) 60 days after the filing with the Trustee of the proof of the mailing of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose within such sixty 60-day period; provided, however, that the Corporation during such sixty 60-day period and any such further period during which any such action or proceeding may be pending shall be entitled in its absolute discretion to take such action, or to refrain from taking such action, with respect to such Supplemental Indenture as it may deem expedient.

Appears in 1 contract

Samples: Master Trust Indenture

Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification (a) Any consent, request, direction, approval, objection or amendment other instrument required or permitted by this Indenture to be signed and executed by the provisions Bondholders may be in any number of Section 10.01 hereof to take effect when writings of similar tenor and as provided may be signed or executed by such Bondholders in this Sectionperson or by agent appointed in writing. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection Proof of the Holders execution of any such consent, request, direction, approval, objection or other instrument, or of the writing appointing any such agent and of the ownership of Bonds. A copy of such Supplemental Indenture (or summary thereof or reference thereto , if made in form approved in writing by the Trustee) together with a request to Holders of Bonds for their consent thereto in form satisfactory to the Trusteefollowing manner, shall be mailed or distributed by Electronic Means sufficient for any of the purposes of this Indenture and may be conclusively relied upon by the Corporation Trustee with regard to each affected Holder of Bonds. Such Supplemental Indenture shall not become effective until any action taken thereunder: (i) there shall have been filed with The fact and date of the execution by any Bondholder or his attorney of such instrument may be proved by acknowledgement before a notary public or other officer empowered to take acknowledgments or by an affidavit of a witness to such execution or in any other manner which the Trustee (a) deems sufficient and in accordance with such reasonable rules as the written consent Trustee may determine. The authority of the Holders person, or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the President or a Vice President of such corporation, affixed with a corporate seal and attested to by a person purporting to be its Secretary or an Assistant Secretary. (ii) The ownership of Bonds, the amount, numbers and other identification and the date of holding of the percentages of Outstanding Bonds specified in Section 10.01 hereof and same shall be proved by the registration books kept by the Trustee as Bond Registrar. (b) an opinion Any request, consent or vote of Transaction Counsel stating that the Owner of any Bond shall bind all future owners of such Supplemental Indenture has been duly and lawfully executedBond with respect to anything done, delivered and filed suffered to be done or omitted to be done by the Corporation Issuer or the Trustee in accordance with the provisions hereoftherewith, unless and until such request, consent or vote is authorized or permitted hereby, and is valid and binding upon the Corporation and enforceable in accordance with its terms, and (ii) a notice shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Holder of the Bonds giving such consent and on any subsequent Holder of such Bonds (whether or not such subsequent Holder has notice thereof). At any time after the Holders of the required percentages of Bonds shall have filed their consent to the Supplemental Indenture, notice, stating in substance that the Supplemental Indenture has been consented to revoked by the Holders of the required percentages of Bonds and will be effective as provided in this Section, may be given to the Bondholders by mailing such notice to Bondholders. The Corporation shall file with the Trustee proof of giving such notice. Such Supplemental Indenture shall be deemed conclusively binding upon the Corporation and the Holders of all Bonds at the expiration of sixty (60) days after the filing with the Trustee of a writing, signed and executed by the proof Owner of the mailing Bond, in form and substance and within such time as shall be satisfactory to the Trustee. (c) Any of such noticethe provisions of Sections 9.02 and 12.01 of this Indenture notwithstanding, except where any Bonds are registered in the event name of a final decree Securities Depository, any request, approval, consent or vote of a court the Owner of competent jurisdiction setting aside any such consent in legal action Bond so registered may be given or equitable proceeding commenced for such purpose within such sixty day period; provided, however, that made by an electronic communication from the Corporation during such sixty day period Securities Depository to the Trustee and any such further period during which any such action request, approval, consent or proceeding may be pending vote so given or made electronically by the Securities Depository shall be entitled in its absolute discretion to take such action, or to refrain from taking such action, with respect to such Supplemental Indenture as it may deem expedientvalid and effective for all purposes of this Indenture.

Appears in 1 contract

Samples: Indenture of Trust (Weirton Steel Corp)

Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 1 0.01 hereof to take effect when and as provided in this Section. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture (or summary brief sumary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds the Bondholders for their consent thereto in form satisfactory to the Trustee, shall be promptly after execution and delivery thereofbe mailed or distributed by Electronic Means by the Corporation to each affected Holder the Bondholders (but failure to mail such copy and request to any particular Bondholder shall not affect the validity of Bondsthe Supplemental Indenture when consented to as in this Section provided). Such Supplemental Indenture shall not become be effective unless and until (i) there shall have been filed with the Trustee (a) the written consent of the Holders of the percentages of Outstanding Bonds specified in Section 10.01 1 0.01 hereof and (b) an opinion of Transaction Bond Counsel stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed by the Corporation in accordance with the provisions hereof, is authorized or permitted hereby6211 991 .22 - 65 - consent shall be effective only if accompanied by proof of the holding or owning at the date of such consent, of the Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section 13 .01 hereof. A certificate or certificates by the Trustee filed with the Trustee that it has examined such proof and that such proof is valid and binding upon the Corporation and enforceable sufficient in accordance with its terms, and (ii) a notice Section 1 3.01 hereof shall be conclusive proof that the consents have been mailed as hereinafter given by the Holders of the Bonds described in this Section providedthe certificate or certificates of the Trustee. Any such consent given by a Bondholder shall be binding upon the Holder of the Bonds Bondholder giving such consent and on and, anything in Section 13.01 hereof to the contrary notwithstanding, upon any subsequent Holder of such Bond and of any Bonds issued in exchange therefor (whether or not such subsequent Holder thereof has notice thereof), unless such consent is revoked in writing by the Bondholder giving such consent or a subsequent Holder thereof by filing such revocation with the Trustee, prior to the time when the written statement of the Trustee hereinafter in this Section provided for is filed. The fact that a consent has not been revoked may likewise be proved by a certificate ofthe Trustee filed with the Trustee to the effect that no revocation thereof is on file with the Trustee. At any time after the Holders of the ofthe required percentages of Bonds shall have filed their consent consents to the Supplemental Indenture, the Trustee shall make and file with the Corporation and the Trustee a written statement that such Holders of such required percentages of Bonds have filed such consents. Such written statement shall be conclusive that such consents have been so filed. At any time thereafter notice, stating in substance that the Supplemental Indenture (which may be referred to as a Supplemental Indenture adopted by the Corporation on a stated date, a copy of which is on file with the Trustee) has been consented to by the Holders of the required percentages of Bonds and will be effective as provided in this Section, may shall be given to the Bondholders by the Corporation by mailing such notice to the Bondholders. The Corporation shall file with the Trustee proof of giving the mailing of such notice. A transcript, consisting of the papers required or permitted by this Section to be filed with the Trustee, shall be proof of the matters therein stated. Such Supplemental Indenture making such amendment or modification shall be deemed conclusively binding upon the Corporation Corporation, the Trustee, each Paying Agent and the Holders of all Bonds at the expiration of sixty (60) days after upon the filing with the Trustee of the proof ofproof of the mailing ofsuch notice. tfor the purposes of this Article X, the purchasers of the Bonds of a Series, whether purchasing as underwriters, for resale or otherwise, upon such purchase from the Corporation, may consent to a modification or amendment permitted by Section 10.01 or 1 0.03 hereof in the manner provided herein, except that no proof of ownership shall be required, and with the same effect as a consent given by the Holder of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose within such sixty day periodBonds; provided, however, that that, if such consent is given by a purchaser who is purchasing as an underwriter or for resale, the Corporation during such sixty day period nature of the modification or amendment and any such further period during which any such action or proceeding may be pending the provisions for the purchaser consenting thereto shall be entitled described in its absolute discretion to take the official statement, prospectus, offering memorandum or other offering document prepared in connection with the primary offering of the Bonds of such action, or to refrain from taking such action, with respect to such Supplemental Indenture as it may deem expedientSeries by the Corporation.

Appears in 1 contract

Samples: Trust Indenture

Consent of Bondholders. The Corporation may at (A) A copy of any time execute and deliver a Supplemental Indenture making a modification or amendment which is not permitted by the provisions of Section 10.01 hereof to take effect when and as provided in this Section. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture 801 or 802 (or brief summary thereof or reference thereto in form approved in writing by the Trustee) ), together with a request to Holders of Bonds Bondholders for their consent thereto in form satisfactory to the Trustee, shall be mailed or distributed by Electronic Means by the Corporation Agency to each affected Holder the holders of Bondsany registered Bond and shall be published in the Authorized Newspapers at least once a week for two successive weeks (but failure to mail such copy and request shall not affect the validity of the Supplemental Indenture when consented to as in this Section provided). Such Supplemental Indenture shall not become be effective unless and until (i) there shall have been filed with the Trustee (a) the written consent consents of the Holders holders of the percentages of Outstanding Bonds bonds specified in Section 10.01 hereof 902 and (b) an and opinion of Transaction Counsel counsel (which shall be acceptable to the Trustee and may be rendered by an attorney in the regular employment of the Agency) stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed adopted by the Corporation Agency in accordance with the provisions hereofof this Indenture, is authorized or permitted hereby, hereby and is valid and binding upon the Corporation Agency and enforceable in accordance with its terms, and (ii) a notice shall have been mailed published as hereinafter provided in this Section. (B) The consent of a Bondholder to any modification or amendment shall be effective only if accompanied by proof of the holding, at the date of such consent, of the Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section provided1113. A Certificate by the Trustee filed with the Trustee that it has examined such proof is sufficient in accordance with such Section 1113 shall be conclusive that the consents have been given by the holders of the Bonds described in such Certificate of the Trustee. Any such consent shall be binding upon the Holder holder of the Bonds giving such consent and on upon any subsequent Holder holder of such Bonds and of any Bonds issued in exchange thereafter (whether or not such subsequent Holder holder thereof has notice thereof)) unless such consent is revoked in writing by the holder of such Bonds giving such consent or a subsequent holder thereof by filing with the Trustee, prior to the time when the written statement of the Trustee hereinafter provided for in this Section is filed, such revocation. The fact that a consent has not been revoked may likewise be provided by a Certificate of the Trustee filed with the Trustee to the effect that no revocation thereof is on file with the Trustee. (C) At any time after the Holders holders of the required percentages of Bonds shall have filed their consent consents to the Supplemental Indenture, the Trustee shall make and file with the Agency and the Trustee a written statement that the holders of such required percentages of Bonds have filed such consents. Such written statements shall be conclusive that such consents have been so filed. At any time thereafter notice, stating in substance that the Supplemental Indenture (which may be referred to as a Supplemental Indenture adopted by the Agency on a stated date, a copy of which is on file with the Trustee) has been consented to by the Holders holders of the required percentages of Bonds and will be effective as provided in this Section, may be given to Bondholders by the Bondholders Agency by mailing such notice to BondholdersBondholders (but failure to mail such notice shall not prevent such Supplemental Indenture from becoming effective and binding as provided in this Section) and by publishing the same in the Authorized Newspapers at least once not more than ninety days after the holders of the required percentages of Bonds shall have filed their consents to the Supplemental Indenture and the written statement of the Trustee hereinabove provided for is filed. The Corporation Agency shall file with the Trustee proof of giving the publication of such noticenotice and, if the same shall have been mailed to Bondholders, of the mailing thereof. A record, consisting of the papers required or permitted by this Section to be filed with the Trustee, shall be proof of the matters therein stated. Such Supplemental Indenture making such amendment or modification shall be deemed conclusively binding upon the Corporation Agency, the Trustee and the Holders holders of all Bonds at the expiration of sixty (60) forty days after the filing with the Trustee of the proof of the mailing first publication of the notice of such noticeconsent, except in the event of a final decree of a court of competent jurisdiction setting aside such consent Supplemental Indenture in a legal action or equitable proceeding commenced for such purpose commenced within such sixty forty day period; provided, however, period and except that the Corporation Trustee and the Agency during such sixty forty day period and any such further period during which any such action or proceeding may be pending shall be entitled in its their absolute discretion to take such action, or to refrain from taking such action, action with respect to such Supplemental Indenture as it they may deem expedient.

Appears in 1 contract

Samples: Indenture of Trust

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Consent of Bondholders. The Corporation Issuer may at any time execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 hereof to take effect when and as provided in this Section. Upon the adoption of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture (or brief summary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds Bondholders for their consent thereto in form satisfactory to the TrusteeTrustee by the Issuer to Bondholders, shall be mailed or distributed by Electronic Means by the Corporation Trustee by first class mail, postage prepaid, to each affected Holder the Holders of all Outstanding Bonds. Such Supplemental Indenture shall not become be effective unless and until (ia) there shall have been filed with the Trustee (ai) the written consent consents of the Holders of the percentages of the Principal Amount of Outstanding Bonds specified in Section 10.01 hereof and (bii) an opinion of Transaction Counsel a Counselʹs Opinion stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed executed by the Corporation Issuer in accordance with the provisions hereofof this Indenture, is authorized or permitted herebyby this Indenture, and is valid and binding upon the Corporation Issuer and enforceable in accordance with its terms, and (iib) a notice shall have been mailed given as hereinafter in this Section 10.02 provided. Each such consent shall be effective only if accompanied by proof of the holding, at the date of such consent, of the Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section 12.01. A certificate or certificates by the Trustee that it has examined such proof and reasonably believes that such proof is sufficient in accordance with Section 12.01 shall be conclusive that the consents have been given by the Holders of the Bonds described in such certificate or certificates of the Trustee. Any such consent shall be binding upon the Holder of the Bonds giving such consent and on and, anything in Section 12.01 to the contrary notwithstanding, upon any subsequent Holder of such Bonds and of any Bonds issued in exchange therefor (whether or not such subsequent Holder thereof has notice thereof), unless such consent is revoked in writing by the Holder of such Bonds giving such consent or a subsequent Holder thereof by filing with the Trustee prior to the time when the written statement of the Trustee hereinafter in this Section 10.02 provided for is filed, such revocation. At any time after the Holders of the required percentages of Bonds shall have filed their consent consents to the Supplemental Indenture, the Trustee shall make and file with the Issuer a written statement that the Holders of such required percentages of Bonds shall have filed their consents to the Supplemental Indenture. Such written statement shall be conclusive that such consents have been so filed. At any time thereafter, notice, stating in substance that the Supplemental Indenture (which may be referred to as a Supplemental Indenture executed by the Issuer on a stated date, a copy of which is on file with the Trustee) has been consented to by the Holders of the required percentages of Bonds and will be effective as provided in this SectionSection 10.02, may be given to Bondholders by the Bondholders Trustee by mailing such notice to Bondholders. The Corporation Bondholders (but failure to mail such notice shall file with the Trustee proof of giving not prevent such notice. Such Supplemental Indenture shall be deemed conclusively from becoming effective and binding upon the Corporation and the Holders of all Bonds at the expiration of sixty as in this Section 10.02 provided) not more than ninety‌ (6090) days after the filing Holders of the required percentages of Bonds shall have filed their consents to the Supplemental Indenture and the written statement of the Trustee hereinabove provided for is filed. A transcript, consisting of the documents required or permitted by this Section 10.02 to be filed with the Trustee of the Trustee, shall be proof of the mailing of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose within such sixty day period; provided, however, that the Corporation during such sixty day period and any such further period during which any such action or proceeding may be pending shall be entitled in its absolute discretion to take such action, or to refrain from taking such action, with respect to such Supplemental Indenture as it may deem expedientmatters therein stated.

Appears in 1 contract

Samples: Master Trust Indenture

Consent of Bondholders. The Corporation may Issuer and the Trustee may, at any time time, execute and deliver a Supplemental Indenture making a modification or amendment permitted by the provisions of Section 10.01 hereof 10.02, to take effect when and as provided in this Section. Upon the adoption A copy of such Supplemental Indenture, a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture (or summary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds Bondholders for their consent thereto in form satisfactory to the Trustee, shall be mailed or distributed by Electronic Means by the Corporation Trustee to each affected Holder of Bondsthe Bondholders. Such Supplemental Indenture shall not become be effective until (i) unless there shall have been filed with the Trustee Trustee (a) the written consent consents of Xxxxxx Xxx and the holders of the Holders of the percentages proportion of Outstanding Bonds specified in Section 10.01 hereof 10.02, and (b) an opinion of Transaction Bond Counsel stating that such Supplemental Indenture has been duly and lawfully executed, delivered and filed entered into by the Corporation Issuer in accordance with the provisions hereofof this Indenture, is authorized or permitted herebyby the provisions of this Indenture, and is and, when effective, will be valid and binding upon the Corporation Issuer. Each such consent of the Bondholders shall be effective only if accompanied by proof of the holding, at the date of such consent, of the Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section 11.01. A certificate or certificates by the Trustee that it has examined such proof and enforceable in accordance with its terms, and (ii) a notice that such proof is sufficient under the provisions of Section 11.01 shall be conclusive that the consents have been mailed as hereinafter given by the holders of the Bonds described in this Section providedsuch certificate or certificates. Any such consent shall be binding upon the Holder holder of the Bonds giving such consent and on upon any subsequent Holder holder of such Bonds and of any Bonds issued in exchange therefor (whether or not such subsequent Holder holder thereof has notice thereof). At any time after the Holders holders of the required percentages proportion of Bonds shall have filed their consent consents to the such Supplemental Indenture, noticethe Trustee shall make and file with the Issuer a written statement that the holders of such required proportion of Bonds have filed and given such consents. Such written statement shall be conclusive that such consents have been so filed and have been given. Within 90 days after filing such statement, the Trustee shall mail to the Bondholders a notice stating in substance that the such Supplemental Indenture (which may be referred to as a Supplemental Indenture executed by the Issuer on a stated date, a copy of which is on file with the Trustee) has been consented to by the Holders holders of the required percentages proportion of Bonds and will be effective as provided in this Section, may be given but failure to the Bondholders by mailing mail such notice to Bondholders. The Corporation shall file with the Trustee proof of giving such notice. Such Supplemental Indenture shall be deemed conclusively binding upon the Corporation and the Holders of all Bonds at the expiration of sixty (60) days after the filing with the Trustee of the proof of the mailing of such notice, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose within such sixty day period; provided, however, that the Corporation during such sixty day period and any such further period during which any such action or proceeding may be pending shall be entitled in its absolute discretion to take such action, or to refrain from taking such action, with respect to not prevent such Supplemental Indenture from becoming effective and binding as it may deem expedient.in this Section 10.03

Appears in 1 contract

Samples: Indenture of Trust

Consent of Bondholders. The Corporation may at any time execute and deliver a Supplemental Indenture making a modification (a) Any consent, request, direction, approval, objection or amendment other instrument required or permitted by this Indenture to be signed and executed by the provisions Bondholders may be in any number of Section 10.01 hereof writings of similar tenor and may be signed or executed by such Bondholders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument, of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Indenture and may be conclusively relied ` upon by the Trustee with regard to take effect when any action taken thereunder: (i) The fact and as provided in this Section. Upon date of the adoption execution by any Bondholder or his attorney of such Supplemental Indenture, instrument may be proved by (A) the certificate (which need not be acknowledged or verified) of an officer of a copy thereof, certified by an Authorized Officer; shall be filed with the Trustee for the inspection of the Holders of Bonds. A copy of such Supplemental Indenture (bank or summary thereof or reference thereto in form approved in writing by the Trustee) together with a request to Holders of Bonds for their consent thereto in form trust company satisfactory to the TrusteeTrustee or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act that the person signing such instrument acknowledged to him the execution thereof on such date or (B) an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The authority of the person, or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the President or a Vice President of such corporation; affixed with a corporate seal and attested to by a person purporting to be its Secretary or an Assistant Secretary. (ii) The ownership of Bonds, the amount, numbers and other identification and the date of holding of the same shall be mailed or distributed by Electronic Means proved by the Corporation to each affected Holder of Bonds. Such Supplemental Indenture shall not become effective until (i) there shall have been filed with registration books kept by the Trustee as bond registrar. (a) the written Any request, consent or vote of the Holders Owner of the percentages any Bond shall bind all future owners of Outstanding Bonds specified in Section 10.01 hereof and (b) an opinion of Transaction Counsel stating that such Supplemental Indenture has been duly and lawfully executedBond with respect to anything done, delivered and filed suffered to be done or omitted to be done by the Corporation Issuer or the Trustee in accordance with the provisions hereoftherewith, unless and until such request, consent or vote is authorized or permitted hereby, and is valid and binding upon the Corporation and enforceable in accordance with its terms, and (ii) a notice shall have been mailed as hereinafter in this Section provided. Any such consent shall be binding upon the Holder of the Bonds giving such consent and on any subsequent Holder of such Bonds (whether or not such subsequent Holder has notice thereof). At any time after the Holders of the required percentages of Bonds shall have filed their consent to the Supplemental Indenture, notice, stating in substance that the Supplemental Indenture has been consented to revoked by the Holders of the required percentages of Bonds and will be effective as provided in this Section, may be given to the Bondholders by mailing such notice to Bondholders. The Corporation shall file with the Trustee proof of giving such notice. Such Supplemental Indenture shall be deemed conclusively binding upon the Corporation and the Holders of all Bonds at the expiration of sixty (60) days after the filing with the Trustee of a writing, signed and executed by the proof Owner of the mailing of such noticeBond, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in legal action or equitable proceeding commenced for such purpose form and substance and within such sixty day period; provided, however, that the Corporation during such sixty day period and any such further period during which any such action or proceeding may be pending time as shall be entitled in its absolute discretion satisfactory to take such action, or to refrain from taking such action, with respect to such Supplemental Indenture as it may deem expedientthe Trustee.

Appears in 1 contract

Samples: Indenture of Trust (Weirton Steel Corp)

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