Common use of Electronic Consent Clause in Contracts

Electronic Consent. where the terms of the resolution proposed by the Issuer, the Guarantors or the Trustee (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, the Guarantors and the Trustee 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 Paying and Transfer Agent or another specified agent and/or the Trustee in accordance with their operating rules and procedures by or on behalf of the holders of not less than 75% in nominal amount of the Notes outstanding (the “Required Proportion”) (“Electronic Consent”) by close of business on the Relevant Date. Any resolution passed in such manner shall be binding on all Noteholders, even if the relevant consent or instruction proves to be defective. None of the Issuer, the Guarantors or the Trustee shall be liable or responsible to anyone for such reliance;

Appears in 2 contracts

Samples: Gold Fields LTD, Gold Fields LTD

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Electronic Consent. where the terms of the resolution proposed by the Issuer, the Guarantors Issuer or the Trustee (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, the Guarantors Issuer and the Trustee 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 Paying Principal Paying, Transfer and Transfer Conversion Agent or another specified agent and/or the Trustee in accordance with their operating rules and procedures by or on behalf of the holders Noteholder(s) of not less than 75% in nominal 75 per cent. of the aggregate principal amount of the Notes outstanding (the “Required Proportion”) (“Electronic Consent”) by close of business on the Relevant Date. Any resolution passed in such manner shall be binding on all Noteholders, Noteholders even if the relevant consent or instruction proves to be defective. None of Neither the Issuer, the Guarantors or Issuer nor the Trustee shall be liable or responsible to anyone for such reliance;

Appears in 2 contracts

Samples: Yandex N.V., Yandex N.V.

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Electronic Consent. where the terms of the resolution proposed by the Issuer, the Guarantors Guarantor or the Trustee (as the case may be) have been notified to the Noteholders Bondholders through the relevant clearing system(s) as provided in sub-paragraphs (i) and/or (ii) below, each of the Issuer, the Guarantors Guarantor and the Trustee 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 Principal Paying and Transfer Agent or another specified agent and/or the Trustee in accordance with their operating rules and procedures by or on behalf of the holders of not less than 75% 75 per cent. in nominal amount of the Notes Bonds outstanding (the “Required Proportion”) (“Electronic Consent”) by close of business on the Relevant Date. Any resolution passed in such manner shall be binding on all NoteholdersBondholders, even if the relevant consent or instruction proves to be defective. None of the Issuer, the Guarantors Guarantor or the Trustee shall be liable or responsible to anyone for such reliance;

Appears in 1 contract

Samples: Agency Agreement

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