Common use of Evidence of Signatures of Bondholders and Ownership of Bonds Clause in Contracts

Evidence of Signatures of Bondholders and Ownership of Bonds. Any request, consent or other instrument which the Indenture may require or permit to be signed and executed by a Holder or Holders of Bonds may be in one or more instruments of similar tenor, and shall be signed or executed by such Holder or Holders of Bonds in person or by his or their attorneys duly appointed in writing. Proof of the execution of any such instrument, or of an instrument appointing any such attorney, or the holding or owning by any person of such Bonds, shall be sufficient for any purpose hereof (except as otherwise herein expressly provided) if made in the manner set forth below, but the Trustee may nevertheless in its discretion require further or other proof in cases where it deems the same desirable. The fact and date of the execution by any Bondholder or his attorney of such instrument may be proved by the certificate, which need not be acknowledged or verified, of any officer of a bank or trust company satisfactory to the Trustee or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The corporation of the person or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the president or a vice–president of such corporation with a corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. The ownership of Bonds and the amount, numbers and other identification, and date of holding or owning the same shall be proved by the registry books. Any request, consent or vote of the owner of any Bond shall bind all future owners of such Bond in respect of anything done or suffered to be done or omitted to be done by the Corporation or the Trustee in accordance therewith.

Appears in 2 contracts

Samples: Master Trust Indenture, Master Trust Indenture

AutoNDA by SimpleDocs

Evidence of Signatures of Bondholders and Ownership of Bonds. Any request, consent, revocation of consent or other instrument which the this Indenture may require or permit to be signed and executed by a Holder or Holders of Bonds Bondholders may be in one or more instruments of similar tenor, and shall be signed or executed by such Holder or Holders of Bonds Bondholders in person or by his or their attorneys duly appointed authorized in writing. Proof of the execution of any such instrument, or of an instrument appointing or authorizing any such attorney, or the holding or owning by any person of such any Bonds, shall be sufficient for any purpose hereof (except as otherwise herein expressly provided) if made in the following manner set forth below, but or in any other manner satisfactory to the Trustee which may nevertheless in its discretion require further or other proof in cases where it deems the same desirable. : (a) The fact and date of the execution by any Bondholder or his or her attorney of any such instrument (other than the Bond) may be proved (i) by the certificate, which need not be acknowledged or verified, of any officer certificate of a bank or trust company satisfactory to the Trustee or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he or she purports to act, act that the person signing such request or other instrument acknowledged to him or her the execution thereof, or by an the affidavit of a witness of such execution, duly sworn to before such a notary public or other officer. , or (ii) by the certificate, which need not be acknowledged or verified, of an officer of a bank, trust company or duly licensed securities broker or dealer satisfactory to the Trustee that the person signing such instrument acknowledged to such bank, trust company, broker or dealer the execution thereof; (b) The corporation authority of the a person or persons executing to execute any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is authorized by a corporate resolution (a copy of which shall be delivered to the Trustee) and signed by a person purporting to be the president or a vice–vice president of such corporation with a corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. corporation; and (c) The ownership holding of Bonds and Bonds, the amount, numbers and other identificationidentification thereof, and the date of holding or owning the same same, shall be proved by the registry booksBond Register. Any request, consent or vote of other instrument executed by the registered owner of any Bond shall bind all future owners of such Bond in respect of anything done or suffered to be done or omitted to be done hereunder by the Corporation Issuer or the Trustee in accordance therewithherewith in reliance on such request, consent or other instrument.

Appears in 1 contract

Samples: Indenture of Trust

Evidence of Signatures of Bondholders and Ownership of Bonds. Any request, direction, consent or other instrument which the Indenture may require in writing required or permit permitted by this Trust Agreement to be signed and or executed by a Holder or Holders of Bonds Bondholders may be in one or more any number of concurrent instruments of similar tenor, tenor and shall may be signed or executed by such Holder or Holders of Bonds Bondholders in person or by his or their attorneys duly agent appointed by an instrument in writing. Proof of the execution of any such instrument, or instrument and of an instrument appointing any such attorney, or the holding or owning by any person ownership of such Bonds, Bonds shall be sufficient for any purpose hereof (except as otherwise herein expressly provided) of this Trust Agreement, and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument, if made in the manner set forth below, but the Trustee may nevertheless in its discretion require further or other proof in cases where it deems the same desirable. following manner:‌ (A) The fact and date of the execution by any Bondholder or his attorney person of any such instrument may be proved by the certificate, which need not be acknowledged or verified, verification of any officer of a bank or trust company satisfactory in any jurisdiction who, by the laws thereof, has power to take affidavits within such jurisdiction, to the Trustee or of any notary public or other officer authorized effect that such instrument was subscribed and sworn to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request or other instrument acknowledged to him the execution thereofbefore him, or by an affidavit of a witness to such execution. (B) The fact of the holding of Bonds hereunder by any Bondholder and the number of such execution, duly sworn to before Bonds and the date of his holding the same (unless such notary public or other officer. The corporation Bonds be registered) may be proved by the affidavit of the person or persons executing any claiming to be such instrument on behalf of a corporate Bondholder may be established without further proof holder, if such instrument is signed affidavit shall be deemed by the Trustee to be satisfactory, or by a person purporting certificate executed by any trust company, bank, banker or any other depositary, wherever situated, if such certificate shall be deemed by the Trustee to be satisfactory, showing that at the president date therein mentioned such person had on deposit with such trust company, bank, banker or a vice–president of other depositary the Bonds described in such corporation with a corporate seal affixed and attested by a person purporting certificate. The Trustee may conclusively assume that such ownership continues until written notice to be its secretary or an assistant secretarythe contrary is served upon the Trustee. The ownership of Bonds registered as to principal or as to principal and the amount, numbers and other identification, and date of holding or owning the same interest shall be proved by the registry booksregistration books kept by the Trustee under the provisions of this Trust Agreement. None of the provisions contained in this Article, however, shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of the matters herein stated which to it may seem sufficient. Any request, request or consent or vote of the owner holder of any Bond shall bind all every future owners holder of such the same Bond in respect of anything done or suffered to be done or omitted to be done by the Corporation or the Trustee in accordance therewithpursuance of such request or consent.

Appears in 1 contract

Samples: Trust Agreement

Evidence of Signatures of Bondholders and Ownership of Bonds. ‌ (A) Any request, consent or other instrument which the this Indenture may require or permit to be signed and executed by a Holder or Holders of Bonds the Bondholders may be in one or more instruments of similar tenor, and shall be signed or executed by such Holder or Holders of Bonds Bondholders in person or by his or their attorneys duly appointed in writing. Proof of (i) the execution of any such instrument, or of an instrument appointing any such attorney, or (ii) the holding or owning ownership by any person of such Bonds, the Bonds shall be sufficient for any purpose hereof of this Indenture (except as otherwise herein expressly provided) if made in the manner set forth belowfollowing manner, but the Trustee may nevertheless in its sole discretion require further or other proof in cases where it deems the same desirable. The fact and date of the execution by any Bondholder or his such owner’s attorney of such instrument may be proved by the certificateCertificate, which need not be acknowledged or verified, of any an officer of a bank or trust company company, financial institution or other member of the Financial Industry Regulatory Authority, Inc. satisfactory to the Trustee or of any notary public or other officer authorized to take acknowledgments acknowledgements of deeds to be recorded in the state in which he purports to act, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The corporation authority of the person or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the president or a vice–vice president of such corporation with a corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. . (B) The ownership of Bonds and the amount, numbers and other identification, and date of holding or owning the same shall be proved by the registry books. . (C) Any request, consent or vote of the owner of any Bond shall bind all future owners of such Bond in respect of anything done or suffered to be done or omitted to be done by the Corporation Agency or the Trustee any fiduciary in accordance therewith.

Appears in 1 contract

Samples: Indenture

Evidence of Signatures of Bondholders and Ownership of Bonds. Any request, consent or other instrument which the Indenture may require or permit to be signed and executed by a Holder or Holders of Bonds may be in one or more instruments of similar tenor, and shall be signed or executed by such Holder or Holders of Bonds in person or by his or their attorneys duly appointed in writing. Proof of the execution of any such instrument, or of an instrument appointing any such attorney, or the holding or owning by any person of such Bonds, shall be sufficient for any purpose hereof (except as otherwise herein expressly provided) if made in the manner set forth below, but the Trustee may nevertheless in its discretion require further or other proof in cases where it deems the same desirable. The fact and date of the execution by any Bondholder or his attorney of such instrument may be proved by the certificate, which need not be acknowledged or verified, of any officer of a bank or trust company satisfactory to the Trustee or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The corporation authority of the person or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the president or a vice–president of such corporation with a corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. The ownership of Bonds and the amount, numbers and other identification, and date of holding or owning the same shall be proved by the registry books. Any request, consent or vote of the owner of any Bond shall bind all future owners of such Bond in respect of anything done or suffered to be done or omitted to be done by the Corporation or the Trustee in accordance therewith.

Appears in 1 contract

Samples: Master Trust Indenture

AutoNDA by SimpleDocs

Evidence of Signatures of Bondholders and Ownership of Bonds. (A) Any request, consent or other instrument which the this Indenture may require (or permit permit) to be signed and executed by a Holder or Holders of Bonds Bondholders may be in one executed by such Bondholders or more by their attorneys pursuant to powers of attorney or instruments of similar tenor, tenor and shall be signed or executed by such Holder or Holders of Bonds Bondholders in person or by his or their attorneys duly appointed in writing. Proof of the of (i) execution of any such instrument, or of an instrument appointing any such attorney, or (ii) the holding or owning by any person of such Bonds, the Bonds shall be sufficient for any purpose hereof of this Indenture (except as otherwise herein expressly provided) if made in the manner set forth belowfollowing manner, but the Trustee may nevertheless in its sole discretion require further or other proof in cases where it deems the same desirable. The fact and date of the execution by any Bondholder or his its attorney of such instrument may be proved by the certificateCertificate, which need not be acknowledged or verified, of any an officer of a bank or trust company company, financial institution or other member of the National Association of Securities Dealers, Inc. satisfactory to the Trustee or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he such notary public or other officer purports to act, that the person signing such request or other instrument acknowledged to him such notary public or other officer the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The corporation authority of the person or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the president or a vice–vice president of such corporation with a corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. . (B) The ownership of Bonds and the amount, numbers and other identification, and date of holding or owning the same shall be proved by the registry books. . (C) Any request, consent or vote of the owner of any Bond shall bind all future owners of such Bond in respect of anything done or suffered to be done or omitted to be done by the Corporation Authority or the Trustee any Fiduciary in accordance therewith.

Appears in 1 contract

Samples: Indenture of Trust

Evidence of Signatures of Bondholders and Ownership of Bonds. Any request, consent or other instrument which the this Indenture may require or permit to be signed and executed by a Holder or Holders of Bonds the Bondholder may be in one or more instruments of similar tenor, and shall be signed or executed by such Holder or Holders of Bonds Bondholders in person or by his or their attorneys duly appointed in writing. Proof of (i) the execution of any such instrument, or of an instrument appointing any such attorney, or (ii) the holding or owning by any person of such Bonds, the Bonds shall be sufficient for any purpose hereof of this Indenture (except as otherwise herein expressly provided) if made in the manner set forth belowfollowing manner, but the Trustee may nevertheless in its discretion require further or other proof in cases where it deems the same desirable. : The fact and date of the execution by any Bondholder or his attorney of such instrument may be proved by the certificate, which need not be acknowledged or verified, of any an officer of a bank or trust company satisfactory to the Trustee or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The corporation authority of the person or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the president or a vice–vice president of such corporation with a corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. The ownership of Bonds and the amount, numbers and other identification, and date of holding or owning the same shall be proved by the registry books. Any request, consent or vote of the owner of any Bond shall bind all future owners of such Bond in respect of anything done or suffered to be done or omitted to be done by the Corporation or the Trustee in accordance therewith.

Appears in 1 contract

Samples: Indenture of Trust

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!