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

Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders of any series may be embodied in and evidenced: (a) by one or more instruments of substantially similar tenor signed by such Holders in person or by agent duly appointed in writing; (b) by the record of the Holders of Securities of such series voting in favor thereof at any meeting of Holders duly called and held; or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 7.01 and 7.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 4 contracts

Samples: Indenture (Southwestern Energy Co), Indenture (Southwestern Energy Co), Indenture (Southwestern Energy Co)

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Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders of any series may be embodied in and evidenced: (a) by one or more instruments of substantially similar tenor signed by such Holders in person or by agent duly xxxx appointed in writing; (b) by the record of the Holders of Securities of such series voting in favor thereof at any meeting of Holders duly called and held; or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 7.01 and 7.02) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 2 contracts

Samples: Indenture (Southwestern Energy Co), Indenture (A.W. Realty Company, LLC)

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Evidence of Action Taken by Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders of any series may be embodied in and evidenced: (a) evidenced by one or more instruments of substantially similar tenor signed by such Holders in person or by agent duly appointed in writing; (b) by the record of the Holders of Securities of such series voting in favor thereof at any meeting of Holders duly called and held; or (c) by a combination of such instrument or instruments and any such record of such a meeting of Holders; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee, and, where it is expressly required, to the Company. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Proof of execution of any instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Sections 7.01 6.01 and 7.02) 6.03 conclusive in favor of the Trustee and the Company, if made in the manner provided in this Article.

Appears in 1 contract

Samples: Indenture (Southern Star Central Corp)

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