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

Execution of Instruments; Proof of Ownership. (a) Any request, direction, consent or other instrument in writing required or permitted by this Trust Agreement to be signed or executed by 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 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 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: (i) 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; and (ii) the ownership of Bonds shall be proved by the registration books kept under the provisions of Section 3.01 hereof; (b) Nothing contained in this Section 14.04 shall be construed as limiting the Trustee to such proof. The Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request, consent of, or assignment by any Bondholder shall bind every future Bondholder of the same Bonds or any Bonds issued in lieu thereof in respect of anything done by the Trustee or the City in pursuance of such request or consent.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

AutoNDA by SimpleDocs

Execution of Instruments; Proof of Ownership. (a) Any request, direction, consent or other instrument in writing required or permitted by this Trust Agreement Indenture to be signed or executed by Bondholders 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 such Bondholders 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 Trust Agreement 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: (ia) 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. (iib) the The ownership of Bonds shall be proved by the registration books kept under the provisions of Section 3.01 2.06 hereof; (b) . Nothing contained in this Section 14.04 Article XI shall be construed as limiting the Trustee to such proof. The , it being intended that the Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request, request by or consent of, or assignment by of any Bondholder Owner shall bind every future Bondholder Owner of the same Bonds Bond or any Bond or Bonds issued in lieu thereof in respect of anything done by the Trustee or the City Issuer in pursuance of such request or consent.

Appears in 3 contracts

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

Execution of Instruments; Proof of Ownership. (a) Any request, direction, consent or other instrument in writing writing, whether or not required or permitted by this Trust Agreement Indenture to be signed or executed by Bondholders or on their behalf by an attorney-in-fact Owners of Bonds, may be in any number of concurrent instruments of similar tenor and may be signed or executed by such Bondholders 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 Trust Agreement 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: (ia) 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, or in any other manner reasonably acceptable to the Trustee; andor (iib) the ownership or former ownership of Bonds shall be proved by the registration books kept under the provisions of Section 3.01 2.07 hereof; (b) . Nothing contained in this Section 14.04 Article X shall be construed as limiting the Trustee to such proof. The , it being intended that the Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request, request or consent of, or assignment by of any Bondholder Owner of a Bond shall bind every future Bondholder Owner of the same Bonds any Bond or any Bonds issued in lieu thereof or on registration of transfer thereof in respect of anything done by the Trustee or the City Issuer in pursuance of such request or consent.

Appears in 2 contracts

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

AutoNDA by SimpleDocs

Execution of Instruments; Proof of Ownership. (a) Any request, direction, consent or other instrument in writing required or permitted by this Trust Agreement Indenture to be signed or executed by 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 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 Trust Agreement 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: (ia) the 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; and. (iib) the The ownership of Bonds shall be proved by the registration books kept under the provisions of Section 3.01 2.08 hereof; (b) . Nothing contained in this Section 14.04 Article XI shall be construed as limiting the Trustee to such proof. The , it being intended that the Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any requestrequest of, consent of, of or assignment by any Bondholder shall bind every future Bondholder Owner of the same Bonds Bond or any Bond or Bonds issued in lieu thereof in respect of anything done by the Trustee or the City in pursuance of Issuer 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)

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