Common use of Determination of Voting Rights; Conduct and Adjournment of Meetings Clause in Contracts

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 14 contracts

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

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Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 13 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Supplemental Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 11 contracts

Samples: Supplemental Indenture, Supplemental Indenture, Supplemental Indenture

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor Guarantors or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one (1) vote for each $2,000 €1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 9 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Securities of such series in regard to proof of the holding of Notes Securities of such series and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Securities shall be proved in the manner specified in Section 8.03 hereof 104 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof104. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 104 or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes Securities as provided in Section 14.02(b) hereof1502(2), in which case the Issuer, the Guarantor Company or the Holders of Notes Securities of the series calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of such series represented at the meeting. (b3) At any meeting, each Holder of a Note Security of such series or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes Securities of such series held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Security of such series or proxy. (c4) Any meeting of Holders of Notes Securities of any series duly called pursuant to Section 14.02 hereof 1502 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of such series represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 7 contracts

Samples: Indenture (Centerpoint Energy Resources Corp), Indenture (Enable Midstream Partners, LP), Indenture (Williams Partners L.P.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Securities of such series in regard to proof of the holding of Notes Securities of such series and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Securities shall be proved in the manner specified in Section 8.03 hereof 1.4 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.4. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 1.4 or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes Securities as provided in Section 14.02(b) hereof15.2(2), in which case the Issuer, the Guarantor Company or the Holders of Notes Securities of the series calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of such series represented at the meeting. (b3) At any meeting, each Holder of a Note Security of such series or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes Securities of such series held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Security of such series or proxy. (c4) Any meeting of Holders of Notes Securities of any series duly called pursuant to Section 14.02 hereof 15.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities of such series represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 6 contracts

Samples: Indenture (JMP Group LLC), Indenture (JMP Group LLC), Indenture (Radisys Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) 16.02 hereof, in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 16.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding then-Outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 5 contracts

Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 8.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereofor by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 8.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 5 contracts

Samples: Indenture (Kilroy Realty Corp), Indenture (Medical Properties Trust Inc), Indenture (Kilroy Realty Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor Guarantors or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one (1) vote for each $2,000 £100,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 5 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. A. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Noteholders in regard to proof of the holding ownership of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 13.1 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof13.1 hereof or by having the signature of the person executing the proxy witnessed or guaranteed by any bank, banker or trust company. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 13.1 hereof or other proof. (a) B. The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Noteholders or by Holders of Notes the Corporation as provided in subsection B of Section 14.02(b) 9.3 hereof, in which case the Issuer, Noteholders calling the Guarantor meeting or the Holders of Notes calling the meeting, as the case may be, Corporation shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote Holders of a majority in principal amount aggregate Principal Amount of the outstanding Notes of such series represented at the meetingmeeting and entitled to vote. (b) C. At any meeting, meeting each Holder of a Note Noteholder or proxy shall be entitled to one vote for each $2,000 principal amount 1.00 Principal Amount of Outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Noteholder or proxy. (c) D. At any meeting of Noteholders, the presence of persons holding or representing Notes in an aggregate Principal Amount sufficient under the appropriate provision of this Indenture to take action upon the business for the transaction of which such meeting was called shall constitute a quorum. Any meeting of Holders of Notes Noteholders duly called pursuant to Section 14.02 9.3 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote of the Holders (or proxies for the Holders) of a majority in principal amount aggregate Principal Amount of the outstanding Notes represented at the meetingmeeting and entitled to vote, whether or not a quorum shall be present; and the meeting may be held as so adjourned without further notice.

Appears in 5 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Securities in regard to proof of the holding of Notes Securities and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Securities shall be proved in the manner specified in Section 8.03 2.2 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 2.2 hereof. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 2.2 hereof or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes Securities as provided in Section 14.02(b8.2(b) hereof, in which case the Issuer, the Guarantor Company or the Holders of Notes Securities calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series Outstanding Securities represented at the meeting. (bc) At any meeting, meeting each Holder of a Note Security or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes Securities held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Security or proxy. (cd) Any meeting of Holders of Notes Securities duly called pursuant to Section 14.02 8.2 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 4 contracts

Samples: Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulationsSuch regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the holding of Notes shall be proved in the manner proof specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.3 or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary as chairman of the meeting the Holder of the greatest principal amount in aggregate of the Outstanding Notes represented at the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof12.2(b), in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 100 principal amount of the Outstanding Notes held or represented by himsuch Holder; providedPROVIDED, howeverHOWEVER, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or of a proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 12.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 4 contracts

Samples: Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) 17.02 hereof, in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 17.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding then-Outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 4 contracts

Samples: Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 9.3 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 9.3 hereof. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 9.3 hereof or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b9.2(b) hereof, in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 9.2 hereof at which a quorum (as prescribed in Section 9.4) is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 4 contracts

Samples: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes of a series in regard to proof of the holding of Notes of such series and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 104 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof104. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 104 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof1502(b), in which case the Issuer, the Guarantor Company or the Holders of Notes of the series calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note of such series or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the Outstanding Notes of such series held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.not

Appears in 4 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 8.02 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.02 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 8.02 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.02 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this IndentureGuarantee, the Security Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes Guaranteed Class A Preferred LP Units and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it its shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Guaranteed Class A Preferred LP Units shall be proved in the manner specified in Section 8.03 hereof 1.4 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.4. Such regulations may provide that written instruments appointing proxies may be presumed valid and genuine without the proof specified in Section 1.4 or other proof. (ab) The Security Trustee shall, by an instrument in writing, appoint a temporary chairman and secretary of the meeting, unless the meeting shall have been called by the Issuer Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof11.2(b), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote representing a majority in principal amount of the aggregate Liquidation Amount of all of the then outstanding Notes of such series Guaranteed Class A Preferred LP Units represented and voted at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 11.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote representing a majority in principal amount of the aggregate Liquidation Amount of all of the then outstanding Notes Guaranteed Class A Preferred LP Units represented and voted at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this the Indenture, the Indenture Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 1.04 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.04. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 1.04 or other proof. (ab) The Indenture Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Trust or by Holders of Notes as provided in Section 14.02(b) hereof10.02(b), in which case the Issuer, the Guarantor Trust or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 of principal amount of Notes held or represented by him, her or it; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any Notwithstanding any other provision in the Indenture to the contrary, any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 10.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

Samples: Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co), Omnibus Instrument (Principal Life Insurance Co)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by MAALP, the Issuer Parent or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the IssuerMAALP, the Guarantor Parent or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Securities in regard to proof of the holding of Notes Securities and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Securities shall be proved in the manner specified in Section 8.03 hereof 1.4 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.4. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes Securities as provided in Section 14.02(b) hereof9.2(b), in which case the Issuer, the Guarantor Company or the Holders of Notes Securities calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes of such series Outstanding Securities represented at the meeting. (bc) At any meeting, each Holder of a Note Security or proxy shall be entitled to one vote for each $2,000 U.S.$1,000 principal amount of Notes Securities held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Security or proxy. (cd) Any meeting of Holders of Notes Securities duly called pursuant to Section 14.02 hereof 9.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

Samples: Indenture (Veritas Software Corp), Indenture (Orbital Sciences Corp /De/), Indenture (Cypress Semiconductor Corp /De/)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this IndentureGuarantee, the Security Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes Senior Preferred Shares and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it its shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Senior Preferred Shares shall be proved in the manner specified in Section 8.03 hereof 1.4 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.4. Such regulations may provide that written instruments appointing proxies may be presumed valid and genuine without the proof specified in Section 1.4 or other proof. (ab) The Security Trustee shall, by an instrument in writing, appoint a temporary chairman and secretary of the meeting, unless the meeting shall have been called by the Issuer Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof11.2(b), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote representing a majority in principal amount of the aggregate Liquidation Amount of all of the then outstanding Notes of such series Senior Preferred Shares represented and voted at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 11.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote representing a majority in principal amount of the aggregate Liquidation Amount of all of the then outstanding Notes Senior Preferred Shares represented and voted at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this IndentureGuarantee, the Security Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes Guaranteed Class A Preferred LP Units and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it its shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Guaranteed Class A Preferred LP Units shall be proved in the manner specified in Section 8.03 hereof 1.4 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.4. Such regulations may provide that written instruments appointing proxies may be presumed valid and genuine without the proof specified in Section 1.4 or other proof. (ab) The Trustee Partnership shall, by an instrument in writing, appoint a temporary chairman and secretary of the meeting, unless the meeting shall have been called by the Issuer Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof11.2(b), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairmanchairman and secretary. A permanent chairman and a permanent secretary of the a meeting called by Holders shall be elected by vote of the Persons entitled to vote representing a majority in principal amount of the aggregate Liquidation Amount of all of the then outstanding Notes of such series Guaranteed Class A Preferred LP Units represented and voted at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 11.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote representing a majority in principal amount of the aggregate Liquidation Amount of all of the then outstanding Notes Guaranteed Class A Preferred LP Units represented and voted at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

Samples: Indenture (BioMed Realty Trust Inc), Indenture (Extra Space Storage Inc.), Indenture (Pennsylvania Real Estate Investment Trust)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Debentures in regard to proof of the holding of Notes Debentures and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Debentures shall be proved in the manner specified in Section 8.03 14.4 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 14.4 hereof. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 14.4 hereof or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes Debentures as provided in Section 14.02(b) hereof8.2(b), in which case the Issuer, the Guarantor Company or the Holders of Notes Debentures calling the meeting, as the case may beapplicable, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in of the principal amount of the outstanding Notes of such series Outstanding Debentures represented at the meeting. (bc) At any meeting, each Holder of a Note Debenture or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes Debentures held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Debentures challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Debenture or proxy. (cd) Any meeting of Holders of Notes Debentures duly called pursuant to Section 14.02 hereof 8.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in of the principal amount of the outstanding Notes Outstanding Debentures represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 3 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Indenture Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 1.04 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.04. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 1.04 or other proof. (ab) The Indenture Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof10.02(b), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the such meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons represented at the meeting entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meetingas to which such meeting is held. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 750,000 of principal amount of Notes held or represented by himit, him or her, or, if the Notes are not denominated in increments of $750,000, such other minimum authorized denomination applicable to the Notes with respect to which such meeting is held; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any Notwithstanding any other provision herein to the contrary, any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 10.02 at which a quorum is present may be adjourned from time to time by Persons represented at the meeting entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meetingof such series as to which such meeting is held; and the meeting may be held as deemed so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 8.3 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 8.3 hereof. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.3 hereof or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b8.2(b) hereof, in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 8.2 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Ciphergen Biosystems Inc), Indenture (Radisys Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Debentures in regard to proof of the holding of Notes Debentures and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Debentures shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes Debentures as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes Debentures calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures of such series represented at the meeting. (bc) At any meeting, each Holder of a Note Debenture or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes Debentures held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Debenture challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Debenture or proxy. (cd) Any meeting of Holders of Notes Debentures duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 10.14 and the appointment of any proxy shall be proved in executing the manner proxy witnessed or guaranteed by any trust partnership, bank or banker authorized by Section 10.14 to certify to the holding of Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.01 hereof10.14 or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Partnership, or by Holders of Notes as provided in Section 14.02(b) hereof11.02(b), in which case the Issuer, the Guarantor Partnership or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not then outstanding and ruled by the chairman of the meeting to be not then outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 11.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the Notes then outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Northern Border Partners Lp), Indenture (Northern Border Partners Lp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes CODES in regard to proof of the holding of Notes CODES and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes CODES shall be proved in the manner specified in Section 8.03 14.4 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 14.4 hereof. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 14.4 hereof or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes CODES as provided in Section 14.02(b) hereof8.2(b), in which case the Issuer, the Guarantor Company or the Holders of Notes CODES calling the meeting, as the case may beapplicable, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in of the principal amount of the outstanding Notes of such series Outstanding CODES represented at the meeting. (bc) At any meeting, each Holder of a Note CODES or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes CODES held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note CODES challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note CODES or proxy. (cd) Any meeting of Holders of Notes CODES duly called pursuant to Section 14.02 hereof 8.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in of the principal amount of the outstanding Notes Outstanding CODES represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee Company may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes Debentures and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting meetings as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Debentures shall be proved in the manner specified in Section 8.03 hereof 1.04. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the appointment of any proxy shall be proved in the manner proof specified in Section 8.01 hereof1.04 or other proof. (a2) The Trustee Company shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof13.02(2), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series Outstanding Debentures represented at the meeting. (b3) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes Debentures held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Debenture challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c4) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 13.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Debentures represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 105 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof105. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 105 or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuers or by Holders of Notes as provided in Section 14.02(b) hereof1402(2), in which case the Issuer, the Guarantor Issuers or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (b3) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c4) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 1402 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor Guarantors or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one (1) vote for each $2,000 €100,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 105 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof105. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 105 or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof1402(2), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (b3) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c4) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 1402 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (New York Mortgage Trust Inc), Indenture (Ellington Financial LLC)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Outstanding Senior Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Senior Notes shall be proved in the manner specified in Section 8.03 hereof 1.5 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.5. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 1.5 or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b12.2(b) hereof, in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Senior Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Senior Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Senior Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 12.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Senior Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Markel Corp), Indenture (Markel Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 8.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereofor by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 8.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (American Residential Properties, Inc.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 10.14 and the appointment of any proxy shall be proved in executing the manner proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 10.14 to certify to the holding of Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.01 hereof10.14 or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company, or by Holders of Notes as provided in Section 14.02(b) hereof11.02(b), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not then outstanding and ruled by the chairman of the meeting to be not then outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 11.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the Notes then outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Northern Border Pipeline Co)

Determination of Voting Rights; Conduct and Adjournment of Meetings. A. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Noteholders in regard to proof of the holding ownership of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 13.1 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof13.1 hereof or by having the signature of the person executing the proxy witnessed or guaranteed by any bank, banker or trust company. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 13.1 hereof or other proof. (a) B. The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Noteholders or by Holders of Notes the Corporation as provided in subsection B of Section 14.02(b) 10.3 hereof, in which case the Issuer, Noteholders calling the Guarantor meeting or the Holders of Notes calling the meeting, as the case may be, Corporation shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote Holders of a majority in principal amount aggregate Principal Amount of the outstanding Notes of such series represented at the meetingmeeting and entitled to vote. (b) C. At any meeting, meeting each Holder of a Note Noteholder or proxy shall be entitled to one vote for each $2,000 principal amount 1.00 Principal Amount of Outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Noteholder or proxy. (c) D. At any meeting of Noteholders, the presence of persons holding or representing Notes in an aggregate Principal Amount sufficient under the appropriate provision of this Indenture to take action upon the business for the transaction of which such meeting was called shall constitute a quorum. Any meeting of Holders of Notes Noteholders duly called pursuant to Section 14.02 10.3 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote of the Holders (or proxies for the Holders) of a majority in principal amount aggregate Principal Amount of the outstanding Notes represented at the meetingmeeting and entitled to vote, whether or not a quorum shall be present; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 9.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof9.01 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 9.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 9.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Company or by Holders of Notes as provided in Section 14.02(b) hereof16.02(b), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 16.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (SL Green Operating Partnership, L.P.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meetingmeeting (even if a quorum is not established). (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Security challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the then-outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Biomarin Pharmaceutical Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Securities of a particular series in regard to proof of the holding of Notes such Securities and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes such Securities shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or a Guarantor or by Holders of Notes such Securities as provided in Section 14.02(b) hereof, in which case the Issuer, the any such Guarantor or the Holders of Notes such Securities calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes Securities of such series represented at the meeting. (b) At any meeting, each Holder of a Note such Securities or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes such Securities held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note such Securities challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note such Securities or proxy. (c) Any meeting of Holders of Notes such Securities duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes Securities of such series represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Lepercq Corporate Income Fund L P)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 9.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof9.01 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 9.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 9.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof15.02(b), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 15.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Gramercy Property Trust Inc.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Securities in regard to proof of the holding of Notes Securities and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Securities shall be proved in the manner specified in Section 8.03 hereof 1.04 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.04. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes Securities as provided in Section 14.02(b) hereof9.02(b), in which case the Issuer, the Guarantor Company or the Holders of Notes Securities calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes of such series Outstanding Securities represented at the meeting. (bc) At any meeting, each Holder of a Note Security or proxy shall be entitled to one vote for each $2,000 U.S.$1,000 principal amount of Notes Securities held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Security or proxy. (cd) Any meeting of Holders of Notes Securities duly called pursuant to Section 14.02 hereof 9.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes Outstanding Securities represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Ventro Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this IndentureAgreement, the Trustee MBIA may make such reasonable regulations as it may deem advisable for any meeting of Holders of the Notes in regard to proof of the holding of the Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulationsSuch regulations may provide that written instruments appointing proxies, the holding of Notes shall regular on their face, may be proved in the manner specified in Section 8.03 hereof presumed valid and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereofgenuine without other proof. (ab) The Trustee MBIA shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereofthe Notes, in which case the Issuer, the Guarantor or the Holders of the Notes calling the meeting, as the case may be, meeting shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy therefor shall be entitled to one vote for each $2,000 1,000 principal amount of the Notes held or represented by himsuch Xxxxxx; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstandingoutstanding or otherwise not entitled to vote. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of the Notes duly called pursuant to Section 14.02 hereof 12.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the such meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Fiscal Agency Agreement

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes of the applicable series in regard to proof of the holding of Notes of such series and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes of the applicable series shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or Guarantor or by Holders of Notes of the applicable series as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor or the Holders of Notes of such series calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such the applicable series represented at the meeting. (b) At any meeting, each Holder of a Note of the applicable series or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of outstanding Notes of such series held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note of such series challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note of the applicable series or proxy. (c) Any meeting of Holders of Notes of the applicable series duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Essex Portfolio Lp)

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Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Parent or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor Parent or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (DCT Industrial Trust Inc.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Noteholders in regard to proof of the holding of the Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 2.5(m) and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof2.5(m) or by having the signature of the person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 2.5(m). Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 2.5(m) or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof6.4, in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount at least 51% of the outstanding Outstanding Principal Amount of the Notes of such series represented at the meeting. (b3) At any meeting, meeting each Holder of a Note Noteholder or proxy shall be entitled to one vote for each $2,000 principal amount 1,000 of the Outstanding Principal Amount of the Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder Noteholder or of a Note or proxy. (c4) Any meeting of Holders of Notes Noteholders duly called pursuant to Section 14.02 hereof 6.4 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount at least 51% of the outstanding Outstanding Principal Amount of the Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture Agreement (CNL Hospitality Properties Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) 15.02 hereof, in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 15.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding then-Outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Cenveo, Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes Securities and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Securities shall be proved in the manner specified in Section 8.03 hereof 11.03 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) 11.03 or by having the signature of the person executing the proxy witnessed or guaranteed by any trust company, bank or banker to certify to the holding of Securities satisfactory to the Trustee. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 11.03 or other proof. The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof11.02, in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the then outstanding Notes of such series Securities represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no . No vote shall be cast or counted at any meeting in respect of any Note Securities challenged as not then outstanding and ruled by the chairman of the meeting to be not then outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Security or proxy. (c) . Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 11.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the then outstanding Notes Securities represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Schlumberger LTD /Nv/)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Healthcare Trust of America, Inc.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 1.5 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.5. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 1.5 or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof14.2(2), in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (b3) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c4) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 14.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Great Ajax Corp.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this IndentureAgreement, the Trustee MBIA may make such reasonable regulations as it may deem advisable for any meeting of Holders of the Notes in regard to proof of the holding of the Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulationsSuch regulations may provide that written instruments appointing proxies, the holding of Notes shall regular on their face, may be proved in the manner specified in Section 8.03 hereof presumed valid and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereofgenuine without other proof. (ab) The Trustee MBIA shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereofthe Notes, in which case the Issuer, the Guarantor or the Holders of the Notes calling the meeting, as the case may be, meeting shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy therefor shall be entitled to one vote for each $2,000 1,000 principal amount of the Notes held or represented by himsuch Holder; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstandingoutstanding or otherwise not entitled to vote. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of the Notes duly called pursuant to Section 14.02 hereof 12.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the such meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Mbia Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 10.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof10.01 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 10.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 10.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Company or by Holders of Notes as provided in Section 14.02(b) hereof16.02(b), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 16.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Sl Green Realty Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 8.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereofor by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 8.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the General Partner or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor General Partner or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulationsSuch regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the holding of Notes shall be proved in the manner proof specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.3 or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof13.2(b), in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the Outstanding Notes held or represented by himsuch Holder; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as 153 162 not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or of a proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 13.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vornado Realty Trust)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) 17.02 hereof, in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 17.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding then-Outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: First Supplemental Indenture (Greenbrier Companies Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 8.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereofor by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 8.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Company or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Duke Realty Limited Partnership/)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or a Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the any such Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Lexington Realty Trust)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 8.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereofor by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 8.01 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.01 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Strategic Hotels & Resorts, Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenturehereof, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Bondholders in regard to proof of the holding of Notes Bonds and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Bonds shall be proved in the manner specified in Section 8.03 hereof 14.01 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof14.01 or by having the signature of the person executing the proxy witnessed or guaranteed by any bank, banker or trust company authorized by Section 14.01 to certify to the holding of Bonds. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 14.01 or other proof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes Bondholders as provided in subsection (b) of Section 14.02(b) hereof11.03, in which case the Issuer, Bondholders called the Guarantor or the Holders of Notes calling the meeting, as the case may be, meeting shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote Holders of a majority in principal amount of the outstanding Notes of such series Bonds represented at the meetingmeeting and entitled to vote. (b) At any meeting, meeting each Holder of a Note Bondholder or proxy shall be entitled to one vote for each $2,000 5,000 principal amount of Notes Bonds outstanding held or represented by himit; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Bond challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Bondholder or proxy. (c) At any meeting of Bondholders, the presence of Persons holding or representing Bonds in an aggregate principal amount sufficient under the appropriate provision hereof to take action upon the business for the transaction of which such meeting was called shall constitute a quorum. Any meeting of Holders of Notes duly Bondholders called pursuant to Section 14.02 hereof at which a quorum is present 11.03 may be adjourned from time to time by Persons entitled to vote of the Holders (or proxies for the Holders) of a majority in principal amount of the outstanding Notes Bonds represented at the meetingmeeting and entitled to vote, whether or not a quorum shall be present; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Trust Indenture

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee and the chairman of the meeting, or either of them, may make such reasonable regulations as it or he may deem advisable for any meeting or adjourned meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votesscrutineers, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it or he shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of any Notes shall be proved in the manner specified in Section 8.03 hereof 1.04 and the appointment of any proxy shall be proved in the manner specified in said Section 8.01 hereof1.04 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank, banker or other Person, wherever situated, acceptable to the Trustee. (ab) The Trustee shall, by an instrument in writing, appoint nominate a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof13.02(b), in which case the IssuerCompany, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint nominate a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note Note, whether present in person or proxy represented by proxy, shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held by him or represented by himher; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxyas the proxy of a Holder of a Note. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 13.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented resolution passed at the meeting; such meeting and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Trust Indenture

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes a series in regard to proof of the holding of Notes of such series and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 104 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof104. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Operating Partnership or by Holders of Notes as provided in Section 14.02(b) hereof1302(b), in which case the Issuer, the Guarantor Operating Partnership or the Holders of Notes the series calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such series or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the Outstanding Notes of such series held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note such series or proxy. (cd) Any meeting of Holders of Notes any series duly called pursuant to Section 14.02 hereof 1302 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.by

Appears in 1 contract

Samples: Indenture (Amb Property Ii Lp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes Securities in regard to proof of the holding of Notes Securities and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes Securities shall be proved in the manner specified in Section 8.03 hereof 103 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof103. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes Securities as provided in Section 14.02(b) hereof902(b), in which case the Issuer, the Guarantor Company or the Holders of Notes Securities calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series Outstanding Securities represented at the meeting. (bc) At any meeting, each Holder of a Note Security or proxy shall be entitled to one vote for each $2,000 U.S.$1,000 principal amount of Notes Securities held or represented by him; provided, however, that no vote shall be cast or counted at -------- ------- any meeting in respect of any Note Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Security or proxy. (cd) Any meeting of Holders of Notes Securities duly called pursuant to Section 14.02 hereof 902 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes Outstanding Securities represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Atlas Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (GLG Partners, Inc.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any 76 such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 1.05 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.05. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof13.02(b), in which case the Issuer, the Guarantor Company or the Holders Holder of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount at Stated Maturity of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount at Stated Maturity of Notes held or represented by him; providedPROVIDED, howeverHOWEVER, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 13.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount at Stated Maturity of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 104 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof104 or by having the signature of the person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 104. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 104 or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Operating Partnership or Co-Obligors or by Holders of Notes as provided in Section 14.02(b) hereof1502(2), in which case the IssuerOperating Partnership, the Guarantor Co-Obligors or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (b3) At any meeting, each Holder of a Note Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (c4) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 1502 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Sl Green Realty Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this the Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 9.02 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof9.02 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 9.02 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 9.02 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof15.02(b), in which case the Issuer, the Guarantor Issuer or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 15.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Wells Real Estate Investment Trust Ii Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor General Partner or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 [2,000] principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 1.4 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof1.4. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 1.4 or other proof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof13.2(2), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes of such series represented at the meeting. (b3) At any meeting, each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (c4) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 13.2 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Outstanding Notes represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Cit Group Inc)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (1) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof. (a2) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof8.02(2), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (b3) At any meeting, each Holder of a Note or holder of a proxy therefor shall be entitled to one vote for each U.S. $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxyholder of a proxy therefor. (c4) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 8.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Charter Communications Inc /Mo/)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 1.04 hereof. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 1.04 hereof or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Person or by Holders of Notes as provided in Section 14.02(b) hereof, in which case the Issuer, the Guarantor or the Holders of Notes Persons calling the meeting, as the case may be, shall by an instrument in like manner writing appoint a temporary chairmanchairman of the meeting. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 US$1,000 principal amount of outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 10.02 hereof at which a quorum is present may be adjourned from time to for only one time by Persons entitled to vote a majority in aggregate principal amount of the outstanding Notes represented and voting at the meeting; , and the meeting may be held as so adjourned without further noticenotice within the following 30 days.

Appears in 1 contract

Samples: Indenture (Azteca Holdings Sa De Cv)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes of any particular series in regard to proof of the holding of Notes of such series and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes of such series shall be proved in the manner specified in Section 8.03 hereof and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.01. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes of the applicable series as provided in Section 14.02(b) hereof), in which case the IssuerCompany, the Guarantor Guarantors or the Holders of Notes of such series calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, each Holder of a Note of a particular series or proxy shall be entitled to one (1) vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note of such series or proxy. (cd) Any meeting of Holders of Notes of any particular series duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting; and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

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

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee and the chairman of the meeting, or either of them, may make such reasonable regulations as it or he may deem advisable for any meeting or adjourned meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votesscrutineers, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it or he shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of any Notes shall be proved in the manner specified in Section 8.03 hereof 1.04 and the appointment of any proxy shall be proved in the manner specified in said Section 8.01 hereof1.04 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank, banker or other Person, wherever situated, acceptable to the Trustee. (ab) The Trustee shall, by an instrument in writing, appoint nominate a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof), in which case the IssuerCompany, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint nominate a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note Note, whether present in person or proxy represented by proxy, shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held by him or represented by himher; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxyas the proxy of a Holder of a Note. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented resolution passed at the meeting; such meeting and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Trust Indenture (Cobalt Refinery Holding Co Ltd.)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 14.04 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof14.04. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 14.04 or other proof. (ab) The Trustee shall, by an instrument in writing, appoint a temporary chairman (which may be the Trustee) of the meeting, unless the meeting shall have been called by the Issuer Company or by Holders of Notes as provided in Section 14.02(b) hereof8.02(b), in which case the Issuer, the Guarantor Company or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 8.02 at which a quorum (as prescribed in Section 8.04) is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Lecroy Corp)

Determination of Voting Rights; Conduct and Adjournment of Meetings. (a) Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Holders of Notes in regard to proof of the holding of Notes and of the appointment of proxies and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem appropriate. Except as otherwise permitted or required by any such regulations, the holding of Notes shall be proved in the manner specified in Section 8.03 hereof 8.02 and the appointment of any proxy shall be proved in the manner specified in Section 8.01 hereof8.02 or by having the signature of the Person executing the proxy witnessed or guaranteed by any trust company, bank or banker authorized by Section 8.02 to certify to the holding of the Notes. Such regulations may provide that written instruments appointing proxies, regular on their face, may be presumed valid and genuine without the proof specified in Section 8.02 or other proof. (ab) The Trustee shall, by an instrument in writing, writing appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Issuer Issuer, the Guarantor or by Holders of Notes as provided in Section 14.02(b) hereof13.02(b), in which case the Issuer, the Guarantor or the Holders of Notes calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by vote of the Persons entitled to vote a majority in principal amount of the outstanding Notes of such series represented at the meeting. (bc) At any meeting, meeting each Holder of a Note such Notes or proxy shall be entitled to one vote for each $2,000 1,000 principal amount of the outstanding Notes held or represented by him; provided, however, that no vote shall be cast or counted at any meeting in respect of any Note challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman of the meeting shall have no right to vote, except as a Holder of a Note Notes or proxy. (cd) Any meeting of Holders of Notes duly called pursuant to Section 14.02 hereof 13.02 at which a quorum is present may be adjourned from time to time by Persons entitled to vote a majority in principal amount of the outstanding Notes represented at the meeting; , and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

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

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