Common use of Evidence of Action by Holders Clause in Contracts

Evidence of Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Debt Securities of any or all series may take action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (i) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, (ii) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Section 5.02 or (iii) by a combination of such instrument or instruments and any such record of such a meeting of Holders.

Appears in 4 contracts

Samples: Indenture (Valero L P), Kaneb Pipe Line Operating Partnership Lp, Kaneb Pipe Line Operating Partnership Lp

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Evidence of Action by Holders. (a) Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by such Holders in person or by agent or proxy appointed in writing, or (iib) by the record of the such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Section 5.02 Article Nine, or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.

Appears in 4 contracts

Samples: Directors and Employees (Ingredion Inc), Hussmann International Inc, Corn Products International Inc

Evidence of Action by Holders. Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount at Stated Maturity of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by such Holders in person or by agent or proxy appointed in writing, or (iib) by the record of the such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Section 5.02 Article Nine, or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.

Appears in 3 contracts

Samples: Indenture (Illinois Tool Works Inc), Sundstrand Corp /De/, Sundstrand Corp /De/

Evidence of Action by Holders. Whenever in this ------------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Debt Securities of any or all series may take action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by Holders in person Person or by agent or proxy appointed in writing, (iib) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Section 5.02 or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of Holders.

Appears in 1 contract

Samples: Chirex Inc

Evidence of Action by Holders. (a) Whenever in this ----------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by such Holders in person or by agent or proxy appointed in writing, or (iib) by the record of the such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Section 5.02 Article Nine, or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.

Appears in 1 contract

Samples: Hussmann International Inc

Evidence of Action by Holders. Whenever in this the ----------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Debt Securities of any or all series may take action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, (iib) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Section 5.02 or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of Holders.

Appears in 1 contract

Samples: Plains All American Pipeline Lp

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Evidence of Action by Holders. Whenever in this ------------------------------ Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Debt Securities of any or all series may take action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by Holders in person or by agent or proxy appointed in writing, (iib) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Section 5.02 13.09 or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of Holders.

Appears in 1 contract

Samples: Vintage Petroleum Capital I

Evidence of Action by Holders. Whenever in this ----------------------------- Indenture it is provided that the Holders of a specified percentage in aggregate principal amount of the Debt Securities of any or all series may take action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by Holders in person Person or by agent or proxy appointed in writing, (iib) by the record of the Holders voting in favor thereof at any meeting of Holders duly called and held in accordance with the provisions of Section 5.02 or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of Holders.

Appears in 1 contract

Samples: Electronic Data Systems Corp /De/

Evidence of Action by Holders. (a) Whenever in this Indenture it is provided that the Holders of a specified percentage in aggregate principal amount Outstanding of the Debt Securities of any or all series may take any action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action) ), the fact that at the time of taking any such action the Holders of such specified percentage have joined therein may be evidenced (ia) by any instrument or any number of instruments of similar tenor executed by such Holders in person or by agent or proxy appointed in writing, or (iib) by the record of the such Holders voting in favor thereof at any meeting of such Holders duly called and held in accordance with the provisions of Section 5.02 Article Nine, or (iiic) by a combination of such instrument or instruments and any such record of such a meeting of such Holders.

Appears in 1 contract

Samples: Indenture (Pepsiamericas Inc/Il/)

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