Common use of Counting Votes and Recording Action of Meeting Clause in Contracts

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the serial numbers and principal amounts of the Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.02. The record shall show the serial numbers of the Notes voting in favor of or against each resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, be conclusive evidence of the matters therein stated. ARTICLE TEN

Appears in 2 contracts

Samples: TMM Holdings, Grupo TMM Sa

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Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Bonds of any Series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Bonds of such Series or of their representatives by proxy and the serial numbers and principal amounts of the Notes Bonds held or represented by them. The permanent chairman of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat at such meeting and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.027.3. The record shall show the serial numbers of the Notes Bonds voting in favor of or against each any resolution. The record shall 71 80 be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company Issuer and the other to the Bond Trustee to be preserved by the Bond Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Trust Indenture (Louisiana Generating LLC)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of a series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Bonds of such series or of their representatives by proxy and the serial numbers and principal amounts of the Notes Bonds of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.0212.2. The record shall show the serial numbers of the Notes Bonds voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Trust Indenture (Dynegy Inc /Il/)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers and principal amounts of the Notes Outstanding Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record record, at least in duplicate duplicate, of the proceedings of each meeting of Holders of Securities of any Series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.021502 and, if applicable, Section 1504. The record shall show the serial numbers of the Notes voting in favor of or against each resolution. The record Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates such copy shall be delivered to the Company Issuer and the other Guarantor and another to the Trustee to be preserved reserved by the Trustee, Trustee the latter to have attached thereto the ballots Ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TENThis Indenture may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Indenture.

Appears in 1 contract

Samples: Mack Cali Realty L P

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Outstanding Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Outstanding Notes or of their representatives by proxy and the serial numbers identification details and principal amounts of the Outstanding Notes held or represented by them. The permanent chairman of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat at such meeting and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.027.3 (Call of Meetings by Trustee). The record shall show the serial numbers identification details of the Outstanding Notes voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company Issuer and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Indenture

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of a series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the serial numbers and principal amounts of the Notes Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.02. The record shall show the serial numbers of the Notes Securities voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN

Appears in 1 contract

Samples: Eli Lilly (Lilly Eli & Co)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Outstanding Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Outstanding Notes or of their representatives by proxy and the serial numbers identification details and principal amounts of the Outstanding Notes held or represented by them. The permanent chairman of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat at such meeting and affidavits by one or more persons having knowledge of the facts facts‌ setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.029.3 (Call of Meetings by Trustee). The record shall show the serial numbers identification details of the Outstanding Notes voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company Issuer and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Indenture

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the serial numbers and principal amounts of the Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.02. The record shall show the serial numbers of the Notes voting in favor of or against each resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, be conclusive evidence of the matters therein stated. ARTICLE TENTEN SUPPLEMENTAL INDENTURES AND AMENDMENT OF COLLATERAL DOCUMENTS

Appears in 1 contract

Samples: Grupo (TMM Holdings Sa De Cv)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Bonds shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Bonds or of their representatives by proxy and the serial numbers and principal amounts of the Notes Bonds held or represented by them. The permanent chairman of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat at such meeting and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.028.3 (Call of Meetings by Trustee). The record shall show the serial numbers of the Notes Bonds voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company Partnership and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Trust Indenture (Tenaska Georgia Partners Lp)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the serial numbers and principal amounts of the Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the 106 original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.02. The record shall show the serial numbers of the Notes voting in favor of or against each resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Letter Agreement (Grupo TMM Sa)

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Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes or of their representatives by proxy and the serial numbers and principal amounts of the Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.02. The record shall show the serial numbers of the Notes voting in favor of or against each resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Indenture (Grupo TMM Sa)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the principal amounts and serial numbers and principal amounts of the Notes Outstanding Securities of such series held or represented re resented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record record, at least in duplicate duplicate, of the proceedings of each meeting of Holders of Securities of any Series shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.021502 and, if applicable, Section 1504. The record shall show the serial numbers of the Notes voting in favor of or against each resolution. The record Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates such copy shall be delivered to the Company Issuer and the other Guarantor and another to the Trustee to be preserved reserved by the Trustee, Trustee the latter to have attached thereto the ballots Ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. This Indenture may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Indenture. ARTICLE TENSIXTEEN

Appears in 1 contract

Samples: Mack Cali Realty Corp

Counting Votes and Recording Action of Meeting. The ---------------------------------------------- vote upon any resolution submitted to any meeting of Holders of a series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Bonds of such series or of their representatives by proxy and the serial numbers and principal amounts of the Notes Bonds of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons Persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.0211.2. The record shall show the serial numbers (if any) of ------------ the Notes Bonds voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company Issuer and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. 129 Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Power Sales Agreement (Dominion Resources Inc /Va/)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of a series shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities of such series or of their representatives by proxy and the serial numbers and principal amounts of the Notes Securities of such series held or represented by them. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.02. The record shall show the serial numbers of the Notes Securities voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Beneficial Corp

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Securities shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities or of their representatives by proxy and the serial numbers and principal amounts of the Notes Securities held or represented by them. The permanent chairman of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat at such meeting and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.026.3 (Call of Meetings by Trustee). The record shall show the serial numbers of the Notes Securities voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Funding Company and the other to the Bond Trustee to be preserved by the Bond Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Trust Indenture (New World Power Texas Renewable Energy Limited Partnership)

Counting Votes and Recording Action of Meeting. The vote upon any resolution submitted to any meeting of Holders of Securities shall be by written ballots on which shall be subscribed the signatures of the Holders of Notes Securities or of their representatives by proxy and the serial numbers and principal amounts of the Notes Securities held or represented by them. The permanent chairman of the meeting shall appoint two (2) inspectors of votes who shall count all votes cast at the meeting for or against any resolution and who shall make and file with the secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record in duplicate of the proceedings of each meeting of Holders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors of votes on any vote by ballot taken thereat at such meeting and affidavits by one or more persons having knowledge of the facts setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 9.027.3. The record shall show the serial numbers of the Notes Securities voting in favor of or against each any resolution. The record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one of the duplicates shall be delivered to the Company CE Generation and the other to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall, absent manifest error, shall be conclusive evidence of the matters therein stated. ARTICLE TEN.

Appears in 1 contract

Samples: Ce Generation LLC

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