Common use of Electronic Consent Clause in Contracts

Electronic Consent. where the terms of the resolution proposed by the Issuer or the Fiscal Agent (as the case may be) have been notified to the Noteholders through the relevant clearing system(s) as provided in sub-paragraphs (i) and/or (ii) below, each of the Issuer and the Fiscal Agent shall be entitled to rely upon approval of such resolution given by way of electronic consents communicated through the electronic communications systems of the relevant clearing system(s) to the Fiscal Agent in accordance with their operating rules and procedures by or on behalf of the holders of not less than 75 per cent. in nominal amount of the Notes outstanding (the "Required Proportion") ("Electronic Consent") by close of business on the date of the blocking of their accounts in the relevant clearing systems(s) (the "Consent Date"). Any resolution passed in such manner shall be binding on all Noteholders and Couponholders, even if the relevant consent or instruction proves to be defective. Neither the Issuer nor the Fiscal Agent shall be liable or responsible to anyone for such reliance.

Appears in 4 contracts

Samples: Fiscal Agency Agreement, Fiscal Agency Agreement, Fiscal Agency Agreement

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Electronic Consent. where Where the terms of the resolution proposed by the Issuer or the Fiscal Agent (as the case may be) have been notified to the Noteholders Holders through the relevant clearing system(s) as provided in sub-paragraphs (i) and/or (ii) below, each of the Issuer and the Fiscal Agent shall be entitled to rely upon approval of such resolution given by way of electronic consents communicated through the electronic communications systems of the relevant clearing system(s) to the Fiscal Agent in accordance with their operating rules and procedures by or on behalf of the holders Holders of not less than 75 per cent. in nominal amount of the Notes Securities outstanding (the "Required Proportion") ("Electronic Consent") by close of business on the date of the blocking of their accounts in the relevant clearing systems(s) (the "Consent Date"). Any resolution passed in such manner shall be binding on all Noteholders and CouponholdersHolders, even if the relevant consent or instruction proves to be defective. Neither None of the Issuer nor or the Fiscal Agent shall be liable or responsible to anyone for such reliance.

Appears in 4 contracts

Samples: Agency Agreement (PCGI Intermediate Holdings LTD), Agency Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)

Electronic Consent. where Where the terms of the resolution proposed by the Issuer or the Fiscal Agent (as the case may be) have been notified to the Noteholders through the relevant clearing system(s) as provided in sub-paragraphs (ia) and/or (iib) below, each of the Issuer and the Fiscal Agent shall be entitled to rely upon approval of such resolution given by way of electronic consents communicated through the electronic communications systems of the relevant clearing system(s) to the Fiscal Agent in accordance with their operating rules and procedures by or on behalf of the holders of not less than 75 per cent. in nominal amount of the Notes outstanding (the "Required Proportion") ("Electronic Consent") by close of business on the date of the blocking of their accounts in the relevant clearing systems(s) (the "Consent Date"). Any resolution passed in such manner shall be binding on all Noteholders and CouponholdersNoteholders, even if the relevant consent or instruction proves to be defective. Neither None of the Issuer nor or the Fiscal Agent shall be liable or responsible to anyone for such reliance.

Appears in 2 contracts

Samples: Paying Agency Agreement, Agreement

Electronic Consent. where Where the terms of the resolution proposed by the Issuer or the Fiscal Agent (as the case may be) have been notified to the Noteholders through the relevant clearing system(s) as provided in sub-paragraphs (ia) and/or (iib) below, each of the Issuer and the Fiscal Agent shall be entitled to rely upon approval of such resolution given by way of electronic consents communicated through the electronic communications systems of the relevant clearing system(s) to the Fiscal Agent in accordance with their operating rules and procedures by or on behalf of the holders of not less than 75 per cent. in nominal aggregate principal amount of the Notes outstanding (the "Required Proportion") ("Electronic Consent") by close of business on the date of the blocking of their accounts in the relevant clearing systems(s) (the "Consent Date"). Any resolution passed in such manner shall be binding on all Noteholders and CouponholdersNoteholders, even if the relevant consent or instruction proves to be defective. Neither None of the Issuer nor or the Fiscal Agent shall be liable or responsible to anyone for such reliance.

Appears in 1 contract

Samples: Paying Agency Agreement

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Electronic Consent. where Where the terms of the resolution proposed by the Issuer or the Fiscal Agent (as the case may be) have been notified to the Noteholders through the relevant clearing system(s) as provided in sub-paragraphs (i) and/or (ii) below, each of the Issuer and the Fiscal Agent shall be entitled to rely upon approval of such resolution given by way of electronic consents communicated through the electronic communications systems of the relevant clearing system(s) to the Fiscal Agent in accordance with their operating rules and procedures by or on behalf of the holders Holders of not less than 75 per cent. in nominal amount of the Notes outstanding (the "Required Proportion") ("Electronic Consent") by close of business on the date of the blocking of their accounts in the relevant clearing systems(s) (the "Consent Date"). Any resolution passed in such manner shall be binding on all Noteholders and CouponholdersNoteholders, even if the relevant consent or instruction proves to be defective. Neither None of the Issuer nor or the Fiscal Agent shall be liable or responsible to anyone for such reliance.

Appears in 1 contract

Samples: Agency Agreement (PCGI Intermediate Holdings LTD)

Electronic Consent. where Where the terms of the resolution proposed by the Issuer or the Fiscal Agent (as the case may be) have been notified to the Noteholders Holders through the relevant clearing system(s) as provided in sub-paragraphs (i) and/or (ii) below, each of the Issuer and the Fiscal Agent shall be entitled to rely upon approval of such resolution given by way of electronic consents communicated through the electronic communications systems of the relevant clearing system(s) to the Fiscal Agent in accordance with their operating rules and procedures by or on behalf of the holders Holders of not less than 75 per cent. cent in nominal amount of the Notes Securities outstanding (the "Required Proportion") ("Electronic Consent") by close of business on the date of the blocking of their accounts in the relevant clearing systems(s) (the "Consent Date"). Any resolution passed in such manner shall be binding on all Noteholders and CouponholdersHolders, even if the relevant consent or instruction proves to be defective. Neither None of the Issuer nor or the Fiscal Agent shall be liable or responsible to anyone for such reliance.

Appears in 1 contract

Samples: Agency Agreement (PCGI Intermediate Holdings LTD)

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