Common use of Execution of Instruments; Proof of Ownership Clause in Contracts

Execution of Instruments; Proof of Ownership. Any request, direction, consent or other instrument in writing required or permitted by this Indenture to be signed or executed by the Owners or on their behalf by an attorney-in-fact may be in any number of concurrent instruments of similar tenor and may be signed or executed by the Owners in person or by an agent or attorney-in-fact appointed by an instrument in writing or as provided in the Bonds. Proof of the execution of any such instrument and of the ownership of Bonds shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument if made in the following manner: (a) The fact and date of the execution by any person of any such instrument may be proved by the certificate of any Officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such Jurisdiction, to the effect that the person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution. (b) The ownership of Bonds shall be proved by the registration books kept under the provisions of Section 2.06 hereof. Nothing contained in this Article XI shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request by or consent of any Owner shall bind every future Owner of the same Bond or any Bond or Bonds issued in lieu thereof in respect of anything done by the Trustee or the Issuer in pursuance of such request or consent.

Appears in 3 contracts

Samples: First Supplemental Trust Indenture (Enron Corp/Or/), First Supplemental Trust Indenture (Enron Corp/Or/), Trust Indenture (Enron Corp/Or/)

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Execution of Instruments; Proof of Ownership. (a) Any request, direction, consent or other instrument in writing required or permitted by this Indenture Trust Agreement to be signed or executed by the Owners Bondholders or on their behalf by an attorney-in-fact may be in any number of concurrent instruments of similar tenor and may be signed or executed by the Owners such Bondholders in person or by an agent or attorney-in-fact appointed by an instrument in writing or as provided in the Bonds. Proof of the execution of any such instrument and of the ownership of Bonds shall be sufficient for any purpose of this Indenture 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 following manner: (ai) The the fact and date of the execution by any person of any such instrument may be proved by the certificate of any Officer officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such Jurisdictionjurisdiction, to the effect that the person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution.; and (bii) The the ownership of Bonds shall be proved by the registration books kept under the provisions of Section 2.06 3.01 hereof. ; (b) Nothing contained in this Article XI Section 14.04 shall be construed as limiting the Trustee to such proof, it being intended that the . The Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request request, consent of, or assignment by or consent of any Owner Bondholder shall bind every future Owner Bondholder of the same Bond Bonds or any Bond or Bonds issued in lieu thereof in respect of anything done by the Trustee or the Issuer City in pursuance of such request or consent.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Execution of Instruments; Proof of Ownership. Any request, direction, consent or other instrument in writing writing, whether or not required or permitted by this Indenture to be signed or executed by the Owners or on their behalf by an attorney-in-fact of Bonds, may be in any number of concurrent instruments of similar tenor and may be signed or executed by the Owners of Bonds in person or by an agent or attorney-in-fact appointed by an instrument in writing or as provided in the Bondswriting. Proof of the execution of any such instrument and of the ownership or former ownership of Bonds shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument if made in the following manner: (a) The the fact and date of the execution by any person of any such instrument may be proved by the certificate of any Officer officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such Jurisdictionjurisdiction, to the effect that the person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution., or in any other manner reasonably acceptable to the Trustee; or (b) The the ownership or former ownership of Bonds shall be proved by the registration books kept under the provisions of Section 2.06 2.07 hereof. Nothing contained in this Article XI X shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request by or consent of any Owner of a Bond shall bind every future Owner of the same Bond or any Bond or Bonds issued in lieu thereof or on registration of transfer thereof in respect of anything done by the Trustee or the Issuer in pursuance of such request or consent.

Appears in 2 contracts

Samples: Indenture of Trust (Northwestern Corp), Indenture of Trust (Northwestern Corp)

Execution of Instruments; Proof of Ownership. Any request, direction, consent or other instrument in writing writing, whether or not required or permitted by this Indenture to be signed or executed by Owners of the Owners or on their behalf by an attorney-in-fact Bonds, may be in any number of concurrent instruments of similar tenor and may be signed or executed by Owners of the Owners in person Bonds or by an agent or attorney-in-fact appointed by an instrument in writing or as provided in the Bondswriting. Proof of the execution of any such instrument and of the ownership of Bonds shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument if made in the following manner: (a) The fact and date of the execution by any person of any such instrument may be proved by the certificate of any Officer officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such Jurisdictionjurisdiction, to the effect that the person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution. (b) The ownership or former ownership of Bonds shall be proved by the registration books kept under the provisions of Section 2.06 2.08 hereof. Nothing contained in this Article XI shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request by or consent of any Owner of a Bond shall bind every future Owner of the same Bond or any Bond or Bonds issued in lieu thereof in respect of anything done by the Trustee or the Issuer Pollution Control Corporation in pursuance of such request or consent.

Appears in 2 contracts

Samples: Indenture of Trust (Tucson Electric Power Co), Indenture of Trust (Tucson Electric Power Co)

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Execution of Instruments; Proof of Ownership. Any request, direction, consent or other instrument in writing required or permitted by this Indenture to be signed or executed by the Owners Bondholders or on their behalf by an attorney-in-fact may be in any number of concurrent instruments of similar tenor and may be signed or executed by the Owners Bondholders in person or by an agent or attorney-in-fact appointed by an instrument in writing or as provided in the Bonds. Proof of the execution of any such instrument and of the ownership of Bonds shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument if made in the following manner: (a) The fact and date of the execution by any person of any such instrument may be proved by the certificate of any Officer officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such Jurisdictionjurisdiction, to the effect that the person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution. (b) The ownership of Bonds shall be proved by the registration books kept under the provisions of Section 2.06 2.08 hereof. Nothing contained in this Article XI shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request by or of, consent of or assignment by any Owner Bondholder shall bind every future Owner of the same Bond or any Bond or Bonds issued in lieu thereof in respect of anything done by the Trustee or the Issuer in pursuance of pursuant to such request request, consent or consentassignment.

Appears in 2 contracts

Samples: Trust Indenture (First United Ethanol LLC), Trust Indenture (First United Ethanol LLC)

Execution of Instruments; Proof of Ownership. Any request, direction, consent or other instrument in writing required or permitted by this Indenture to be signed or executed by the Owners or on their behalf by an attorney-in-fact Bondholders may be in any number of concurrent instruments of similar tenor and may be signed or executed by the Owners such Bondholders in person or by an agent or attorney-in-fact appointed by an instrument in writing or as provided in the Bondswriting. Proof of the execution of any such instrument and of the ownership of Bonds shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee and any Paying Agent with regard to any action taken taken, suffered or omitted by it any of them under such instrument if made in the following manner: (a) The fact and date of the execution by any person Person of any such instrument may be proved by the certificate of any Officer officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such Jurisdictionjurisdiction, to the effect that the person Person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution. (b) The ownership fact of the holding of Bonds under this Indenture by any Bondholder and the serial numbers of such Bonds and the date of his holding the same shall be proved by the registration books kept under the provisions of Section 2.06 hereofBond register. Nothing contained in this Article XI XII 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 in this Article XII stated which to it may deem seem sufficient. Any request by or consent of the holder of any Owner Bond shall bind every future Owner holder of the same Bond or and any Bond or Bonds Bond issued in lieu exchange or substitution therefor or upon the registration of transfer thereof in respect of anything done by the Trustee or the Issuer in pursuance of such request or consent.

Appears in 1 contract

Samples: Indenture (Boardwalk Pipeline Partners, LP)

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