Common use of Evidence of Action by the Holders Clause in Contracts

Evidence of Action by the Holders. (a) Whenever in this Indenture it is provided that the holders of at least a majority or specified percentage in aggregate principal amount of the Debentures may take any action (including the making of any demand or request, the giving of any 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 majority or specified percentage have joined therein may be evidenced by any instrument or any number of instruments of similar tenor executed by such holders of Debentures in person or by agent or proxy appointed in writing.

Appears in 10 contracts

Samples: Indenture (Tompkins Financial Corp), Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Inc)

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Evidence of Action by the Holders. (a) Whenever in this Indenture it is provided that the holders of at least a majority or specified percentage in aggregate principal amount of the Debentures may take any action (including the making of any demand or request, the giving of any 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 majority or specified percentage have joined therein may be evidenced by any instrument or any number of instruments of similar tenor executed by such holders of Debentures in person or by agent or proxy appointed in writing.

Appears in 10 contracts

Samples: Itla Capital Corp, First Busey Statutory Trust V, First Busey Capital Trust I

Evidence of Action by the Holders. (a) Whenever in this Indenture it is provided that the holders of at least a majority or specified percentage in aggregate principal amount of the Debentures may take any action (including the making of any demand or request, the giving of any 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 majority or specified percentage have joined therein may be evidenced by any instrument or any number of instruments of similar tenor executed by such holders of Debentures in person Person or by agent or proxy appointed in writing.

Appears in 2 contracts

Samples: Indiana United Bancorp, Intrust Capital Trust

Evidence of Action by the Holders. (a) Whenever in this Indenture it is provided that the holders of at least not less than a majority or specified percentage in aggregate principal amount of the Debentures may take any action (including the making of any demand or request, the giving of any 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 majority or specified percentage have joined therein may be evidenced by any instrument or any number of instruments of similar tenor executed by such holders of Debentures in person or by agent or proxy appointed in writing.

Appears in 2 contracts

Samples: Abc Bancorp Capital Trust I, Abc Bancorp Capital Trust I

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Evidence of Action by the Holders. (a) Whenever in this Indenture it is provided that the holders of at least a majority or specified percentage in aggregate principal amount of the Debentures may take any action (including the making of any demand or request, the giving of any 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 majority or specified percentage have joined therein may be evidenced by any instrument or any 38 45 number of instruments of similar tenor executed by such holders of Debentures in person Person or by agent or proxy appointed in writing.

Appears in 1 contract

Samples: First America Capital Trust

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