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

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof and, if applicable, Section 8.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 3 contracts

Samples: Indenture (Lifetime Brands, Inc), Senior Indenture (M-Systems Flash Disk Pioneers LTD), Indenture (Dov Pharmaceutical Inc)

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Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Guaranteed Class A Preferred LP Units 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities shall be prepared by the permanent 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the Company Guarantor, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 3 contracts

Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.), Guarantee Indenture (Brookfield Renewable Corp), Guarantee Indenture (Brookfield Renewable Partners L.P.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Senior Preferred Shares 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities shall be prepared by the permanent 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the Company Guarantor, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 3 contracts

Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.), Guarantee Indenture (Brookfield Renewable Corp), Guarantee Indenture (Brookfield Renewable Partners L.P.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 14.2 hereof and, if applicable, Section 8.04 14.4 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one (1) such copy shall be delivered to the Company and the Guarantor, and another 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 be conclusive evidence of the matters therein stated.

Appears in 3 contracts

Samples: Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 12.02 hereof and, if applicable, Section 8.04 12.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 3 contracts

Samples: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 hereof 1402 and, if applicable, Section 8.04 hereof1404. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuers, and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Indenture (Ellington Financial Inc.), Indenture (Ellington Financial LLC)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Guaranteed Class A Preferred LP Units 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to each of the Company Guarantor, the Partnership and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Guarantee Indenture (Brookfield Infrastructure Corp), Guarantee Indenture (Brookfield Infrastructure Partners L.P.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Debentures shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Debentures or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Debentures 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Debentures 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 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Guarantor, and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Indenture (Digital Realty Trust, Inc.), Indenture (Digital Realty Trust, Inc.)

Counting Votes and Recording Action of Meetings. 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 Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities held or represented by them. The permanent chairman of the meeting shall appoint two inspectors an inspector 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 its verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, record of the proceedings of each meeting of Holders of Securities shall be prepared by the applicable secretary of the meeting and there shall be attached to said record the original reports report of the inspectors inspector of votes on any vote by ballot taken thereat 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 8.02 hereof 13.2 and, if applicable, Section 8.04 hereof13.4. Each copy At least two copies of such record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy thereof shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.the

Appears in 2 contracts

Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors an inspector 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 its verified written reports report in duplicate triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors inspector 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer, and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Care Capital Properties, Inc.)

Counting Votes and Recording Action of Meetings. (a) 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 10.02 and, if applicable, Section 8.04 hereof10.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: First Supplemental Indenture (Mfa Financial, Inc.), First Supplemental Indenture (Granite Point Mortgage Trust Inc.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 14(b) and, if applicable, Section 8.04 hereof14(d). Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Issuer, and another to the Trustee Fiscal Agent to be preserved by the TrusteeFiscal Agent, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Fiscal Agency Agreement (Sovereign Bancorp Inc), Fiscal Agency Agreement (Sovereign Bancorp Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Debentures shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Debentures or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Debentures 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Debentures 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 8.02 hereof 5.2 and, if applicable, Section 8.04 hereof5.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: First Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD), First Supplemental Senior Indenture (Teva Pharmaceutical Industries LTD)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Debentureholders shall be by written ballots on which shall be subscribed inscribed the signatures of the Holders of Securities Debentureholders or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Debentures held or represented by them. The permanent chairman of the meeting shall appoint two inspectors scrutineers 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Debentureholders shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors scrutineers 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 8.02 hereof section 13.2 and, if applicable, Section 8.04 hereofsection 13.5. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Corporation, and another to the Indenture Trustee to be preserved by the Indenture Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Indenture (Student Transportation Inc.), Indenture (Student Transportation Inc.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Issuer and the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Indenture (Empire State Realty OP, L.P.), Indenture (Duke Realty Limited Partnership/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer, and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Senior Indenture (Healthcare Realty Holdings, L.P.), Indenture (AFC Gamma, Inc.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1702 and, if applicable, Section 8.04 hereof1701. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Indenture (M&i Capital Trust C), Indenture (South Financial Group Inc)

Counting Votes and Recording Action of Meetings. 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 Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the 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, at least in duplicate, record 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 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 8.02 hereof 15.02 and, if applicable, Section 8.04 hereof15.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Securities, of the series and Tranches with respect to which the meeting shall have been called, 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, at least record in duplicate, duplicate of the proceedings of each meeting of Holders of Securities shall be prepared by the secretary of the meeting and there shall be attached to said such 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 such notice was given as provided in Section 8.02 hereof 15.02 and, if applicable, Section 8.04 hereof15.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and 106 another 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 be conclusive evidence of the matters therein stated.

Appears in 2 contracts

Samples: General and Refunding Mortgage Indenture (Nevada Power Co), General and Refunding Mortgage Indenture (Nevada Power Co)

Counting Votes and Recording Action of Meetings. 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 Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the 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 triplicate of all votes cast at the meeting. A record, at least in duplicate, record 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 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 8.02 hereof 1502 and, if applicable, Section 8.04 hereof1504. Each copy Such record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such a copy of same shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated. ---------- This instrument may be executed with counterpart signature pages or in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Samples: Indenture (Santa Fe Snyder Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 8.02 hereof 13.02 and, if applicable, Section 8.04 hereof13.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Guarantor and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Piedmont Office Realty Trust, Inc.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Senior Preferred Shares 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to each of the Company Guarantor, the Corporation and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Guarantee Indenture (Brookfield Infrastructure Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1402 and, if applicable, Section 8.04 hereof1404. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Notes 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 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 8.02 hereof 14.2 and, if applicable, Section 8.04 hereof14.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (GCL Silicon Technology Holdings Inc.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 8.02 hereof 15.02 and, if applicable, Section 8.04 hereof15.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Guarantor and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Gramercy Property Trust Inc.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Senior 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 triplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 12.2 and, if applicable, Section 8.04 hereof12.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Markel Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1402 and, if applicable, Section 8.04 hereof1401. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.. ARTICLE FIFTEEN DEFEASANCE

Appears in 1 contract

Samples: Indenture (Wells Fargo & Co/Mn)

Counting Votes and Recording Action of Meetings. 14.7.1 The vote upon any resolution submitted to any meeting of Holders of Securities Debentures shall be by written ballots on which shall be subscribed inscribed the signatures of the Holders of Securities Debentures or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Debentures held or represented by them. The permanent chairman of the meeting shall appoint two inspectors scrutineers 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Debentures shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors scrutineers 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 8.02 hereof section 14.2 and, if applicable, Section 8.04 hereofsection 14.5. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another to the Indenture Trustee to be preserved by the Indenture Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Alamos Gold Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders Securityholders of Securities a Series shall be by written ballots on which shall be subscribed the signatures of the Holders Securityholders of Securities such Series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding outstanding Series of Securities 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders Securityholders of Securities such 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 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 8.02 hereof 13.2 and, if applicable, Section 8.04 hereof13.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and the General Partner, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Agree Realty Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1402 and, if applicable, Section 8.04 hereof1401. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Issuer, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Wells Fargo Finance LLC)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities CODES shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities CODES or of their representatives by proxy and the principal amounts amount and serial numbers of the Outstanding Securities CODES 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities CODES 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 8.02 hereof 8.2 and, if applicable, Section 8.04 hereof8.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Apogent Technologies Inc)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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 a 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 8.02 hereof 10.02 and, if applicable, Section 8.04 hereof10.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record records so signed and verified shall be conclusive evidence of the matters therein stated.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Mid America Capital Partners L P)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1602 and, if applicable, Section 8.04 hereof1604. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.. ARTICLE SEVENTEEN DEFEASANCE

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Notes 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 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 8.02 hereof 1302 and, if applicable, Section 8.04 hereof1304. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Operating Partnership and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Amb Property Ii Lp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the General Partner and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Series 5 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities Series 5 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Series 5 Shares 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 permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities Series 5 Shares shall be prepared by the permanent 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the Company Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Guarantee.

Appears in 1 contract

Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 13.02 and, if applicable, Section 8.04 hereof13.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.. ARTICLE FOURTEEN DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Samples: Indenture (Petrobras Global Finance B.V.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Series 3 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities Series 3 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Series 3 Shares 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 permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities Series 3 Shares shall be prepared by the permanent 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the Company Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Guarantee.

Appears in 1 contract

Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1602 and, if applicable, Section 8.04 hereof1601. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.. ARTICLE SEVENTEEN Defeasance

Appears in 1 contract

Samples: Indenture (Wells Fargo Capital Iv)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1402 and, if applicable, Section 8.04 hereof1401. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.. ARTICLE FIFTEEN

Appears in 1 contract

Samples: Indenture (Century Casinos Inc /Co/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding Notes of such series 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 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 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one (1) such copy shall be delivered to the Company and the Guarantors, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Digital Realty Trust, L.P.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities shall be prepared by the secretary of the meeting meetings 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 8.02 hereof 902 and, if applicable, Section 8.04 hereof904. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (First Nationwide Holdings Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Noteholders shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial number or numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Noteholders 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 published or mailed as provided in Section 8.02 hereof and, if applicable, Section 8.04 10.3 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Corporation and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture of Trust (Education Loans Inc /De)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 10.02 hereof and, if applicable, Section 8.04 10.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: First Supplemental Indenture (Mannkind Corp)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts at Stated Maturity and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 9.02 and, if applicable, Section 8.04 hereof9.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Monmouth Real Estate Investment Corp)

Counting Votes and Recording Action of Meetings. 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 Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the 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, at least in duplicate, record 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 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 8.02 hereof 15.2 and, if applicable, Section 8.04 hereof15.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Partnerre LTD)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts at Stated Maturity and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 9.2 and, if applicable, Section 8.04 hereof9.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company (except in the case of any meeting at which the Company was not allowed to be present) and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Epix Medical Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 hereof 14.2 and, if applicable, Section 8.04 hereof14.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Great Ajax Corp.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 10.02 and, if applicable, Section 8.04 hereof10.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: First Supplemental Indenture (Granite Point Mortgage Trust Inc.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Securities, of the series and Tranches with respect to which the meeting shall have been called, 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, at least record in duplicate, duplicate of the proceedings of each meeting of Holders of Securities shall be prepared by the secretary of the meeting and there shall be attached to said such 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 such notice was given as provided in Section 8.02 hereof 1402 and, if applicable, Section 8.04 hereof1404. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: First Mortgage Indenture (Centerpoint Energy Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1402 and, if applicable, Section 8.04 hereof1401. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 slimed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Indymac Capital Trust I)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 10.2 and, if applicable, Section 8.04 hereof10.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Genesco Inc)

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Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Debentures shall be by written ballots on which shall be subscribed inscribed the signatures of the Holders of Securities Debentures or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Debentures held or represented by them. The permanent chairman of the meeting shall appoint two inspectors scrutineers 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Debentures shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors scrutineers 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 8.02 hereof section 12.2 and, if applicable, Section 8.04 hereofsection 12.5. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another to the Indenture Trustee to be preserved by the Indenture Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Golden Star Resources LTD)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and such other information as may be required by the principal amounts and serial numbers of regulations made for the Outstanding Securities held or represented by themmeeting. The permanent chairman of the meeting shall appoint two inspectors of votes who shall count all votes cast at the meeting for a secretary and may appoint a scrutineer 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 scrutineers to act at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities 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 scrutineers 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 8.02 hereof 902 and, if applicable, Section 8.04 hereof904. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated. Section 1001. Payment of Principal and Interest. The Company will duly and punctually pay the principal of and interest on the Securities in accordance with the terms of the Securities, the coupons appertaining thereto and this Indenture.

Appears in 1 contract

Samples: Trust Indenture (Domtar Paper Company, LLC)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities bondholders shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities bondholders or of their representatives by proxy and the principal amounts and serial number or numbers of the Outstanding Securities outstanding Bonds 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 duplicatetriplicate, of the proceedings of each meeting of Holders of Securities bondholders shall be prepared by the secretary of the meeting 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 meeting, and showing that said notice was given published or mailed as provided in Section 8.02 hereof and, if applicable, Section 8.04 hereof1203. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the County, another to the Company and another to the Trustee to be preserved by the Trustee, the latter to which copy shall have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Mortgage and Indenture of Trust (Toms Foods Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Series 4 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities Series 4 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Series 4 Shares 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 permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities Series 4 Shares shall be prepared by the permanent 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the Company Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Guarantee.

Appears in 1 contract

Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts at Stated Maturity and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 902 and, if applicable, Section 8.04 hereof904. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.. ARTICLE TEN

Appears in 1 contract

Samples: Indenture (Atlas Corp)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 13.02 and, if applicable, Section 8.04 hereof13.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and the Guarantor, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (First Potomac Realty Trust)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy proxies entitled to vote thereat and the principal amounts and serial numbers numbers. of the Outstanding Securities securities 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 13.02 and, if applicable, Section 8.04 hereof13.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Kinder Morgan Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Debentures shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Debentures or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Debentures 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Debentures 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 8.02 8.2 hereof and, if applicable, Section 8.04 8.4 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities bondholders shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities bondholders or of their representatives by proxy and the principal amounts and serial number or numbers of the Outstanding Securities Bonds outstanding 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, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities bondholders 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 published or mailed as provided in Section 8.02 hereof and, if applicable, Section 8.04 hereof1503. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Issuer, another to the Company and another to the Trustee to be preserved by the Trustee, the latter to which copy shall have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Trust Indenture (Sterigenics International)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Notes, of the series and Tranches, with respect to which the meeting shall have been called, 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, at least record in duplicate, duplicate of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy of the record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Texas New Mexico Power Co)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Subordinated Indenture (Healthcare Realty Holdings, L.P.)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Securities, of the series and Tranches with respect to which the meeting shall have been called, 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, at least record in duplicate, duplicate of the proceedings of each meeting of Holders of Securities shall be prepared by the secretary of the meeting and there shall be attached to said such 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 such notice was given as provided in Section 8.02 hereof 1302 and, if applicable, Section 8.04 hereof1304. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: First Mortgage Indenture (ITC Holdings Corp.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Guarantor, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the General Partner, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Securities, of the series and Tranches with respect to which the meeting shall have been called, held or represented by them. The permanent 101 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, at least record in duplicate, duplicate of the proceedings of each meeting of Holders of Securities shall be prepared by the secretary of the meeting and there shall be attached to said such 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 such notice was given as provided in Section 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture of Mortgage and Deed of Trust (Aquila Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the aggregate principal amounts at Stated Maturity and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 hereof 12.2 and, if applicable, Section 8.04 hereof12.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: First Supplemental Indenture (Franklin Bank Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. 92 102 The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1602 and, if applicable, Section 8.04 hereof1601. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Indymac Capital Trust I)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities Securities, of the series and Tranches with respect to which the meeting shall have been called, 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 13.2 and, if applicable, Section 8.04 hereof13.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Infinity Capital Trust I)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson of the meeting shall appoint two inspectors of votes who shall count all votes cast at a 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 person 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 8.02 hereof 1602 and, if applicable, Section 8.04 hereof1601. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Wells Fargo & Co/Mn)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Guarantor, and another 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 be conclusive evidence of the matters therein stated.56 DM_US 172750087-7.111690.0021

Appears in 1 contract

Samples: Indenture (Healthcare Trust of America Holdings, LP)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts at Stated Maturity and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 1702 and, if applicable, Section 8.04 hereof1704. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company and another 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 be conclusive evidence of the matters therein stated. ************ This Indenture may be executed in any number of counterparts, each of which 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: Indenture (Mindspring Enterprises Inc)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 8.02 hereof 14.02 and, if applicable, Section 8.04 hereof14.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Strategic Hotels & Resorts, Inc)

Counting Votes and Recording Action of Meetings. 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 Securities or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding Notes of the applicable Series 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 9.2 hereof and, if applicable, Section 8.04 9.4 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one (1) such copy shall be delivered to the Company and the Guarantor, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Supplemental Indenture (Digital Realty Trust, L.P.)

Counting Votes and Recording Action of Meetings. 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 Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities held or represented by them. The permanent chairman of the meeting shall appoint two inspectors an inspector 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 its verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, record of the proceedings of each meeting of Holders of Securities shall be prepared by the applicable secretary of the meeting and there shall be attached to said record the original reports report of the inspectors inspector of votes on any vote by ballot taken thereat 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 8.02 hereof 13.2 and, if applicable, Section 8.04 hereof13.4. Each copy At least two copies of such record shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy thereof shall be delivered to the Company and another the other to the Trustee to be preserved presented by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Owens & Minor Inc/Va/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Guarantors, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Lexington Realty Trust)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1602 and, if applicable, Section 8.04 hereof1604. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Debt 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 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 8.02 hereof 1602 and, if applicable, Section 8.04 hereof1604. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another to the Trustee to be preserved by the Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record records so signed and verified shall be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Sovereign Capital Trust Iv)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Guarantor, and another 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 be conclusive evidence of the matters therein stated.. Table of Contents

Appears in 1 contract

Samples: Indenture (Healthcare Trust of America Holdings, LP)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding Notes held or represented by them. The permanent chairman of the meeting shall appoint two inspectors an inspector 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 its verified written reports report in duplicate triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Securities Notes shall be prepared by the secretary of the meeting and there shall be attached to said record the original reports of the inspectors inspector 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 8.02 14.02 hereof and, if applicable, Section 8.04 14.04 hereof. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and the Parent, and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (DCT Industrial Trust Inc.)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Convertible Debt Securities of any series shall be by written ballots on which shall be subscribed the signatures of the Holders of Convertible Debt Securities of such series or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Convertible Debt Securities of such series held or represented by them. The permanent chairman chairperson 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 triplicate of all votes cast at the meeting. A record, at least in duplicatetriplicate, of the proceedings of each meeting of Holders of Convertible Debt 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 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 8.02 hereof 1502 and, if applicable, Section 8.04 hereof1501. Each copy shall be signed and verified by the affidavits of the permanent chairman chairperson and secretary of the meeting and one such copy shall be delivered to the Company Company, and another 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 be conclusive evidence of the matters therein stated. ARTICLE XVI. DEFEASANCE

Appears in 1 contract

Samples: Indenture Agreement (Fidelity National Financial Inc /De/)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Series 6 Shares shall be by written ballots ballot(s) on which shall be subscribed the signatures of the Holders of Securities Series 6 Shares or of their representatives by proxy and the principal amounts and serial numbers number of the Outstanding Securities outstanding Series 6 Shares 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 permanent secretary of the meeting their verified written reports in duplicate of all votes cast at the meeting. A record, at least in duplicate, of the proceedings of each meeting of Holders of Securities Series 6 Shares shall be prepared by the permanent 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 8.02 hereof 11.2 and, if applicable, Section 8.04 hereof11.4. Each copy shall be signed and verified by the affidavits of the permanent chairman and permanent secretary of the meeting and one such copy shall be delivered to the Company Guarantors, and another to the Security Trustee to be preserved by the Security Trustee, the latter to have attached thereto the ballots voted at the meeting. Any record so signed and verified shall be conclusive evidence of the matters therein stated. This Guarantee may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Guarantee.

Appears in 1 contract

Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Counting Votes and Recording Action of Meetings. 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 73 81 Securities or of their representatives by proxy and the principal amounts at maturity and serial numbers of the Outstanding Securities 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities 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 8.02 hereof 9.02 and, if applicable, Section 8.04 hereof9.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuers and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Veritas Software Corp)

Counting Votes and Recording Action of Meetings. The vote upon any resolution submitted to any meeting of Holders of Securities Notes shall be by written ballots on which shall be subscribed the signatures of the Holders of Securities Notes or of their representatives by proxy and the principal amounts and serial numbers of the Outstanding Securities outstanding 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, at least in duplicate, of the proceedings of each meeting of Holders of Securities Notes 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 fact, setting forth a copy of the notice of the meeting and showing that said notice was given as provided in Section 8.02 hereof 16.02 and, if applicable, Section 8.04 hereof16.04. Each copy shall be signed and verified by the affidavits of the permanent chairman and secretary of the meeting and one such copy shall be delivered to the Company Issuer and Invesco Mortgage Capital and another 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 be conclusive evidence of the matters therein stated.

Appears in 1 contract

Samples: Indenture (Invesco Mortgage Capital Inc.)

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