Common use of Instruments Executed by Securityholders Bind Future Holders Clause in Contracts

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder of a Security which is shown by the evidence to be included in the Securities the Holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder and upon all future Holders and owners of such Security, and of any Security issued in lieu thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders of all of the Securities of such series subject, however, to the provisions of Section 7.01.

Appears in 14 contracts

Samples: Senior Indenture (Achieve Life Sciences, Inc.), Senior Indenture (Biolife Solutions Inc), Senior Indenture (Oncogenex Pharmaceuticals, Inc.)

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Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.018.1, of the taking of any action by the Holders holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder holder of a Security which is shown by the evidence to be included in the Securities the Holders holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.028.2, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof or upon registration of transfer thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders holders of all of the Securities of such series subject, however, to the provisions of Section 7.017.1.

Appears in 6 contracts

Samples: Junior Subordinated Indenture (Dominion Resources Inc /Va/), Junior Subordinated Indenture (Laclede Gas Co), Indenture (Markel Corp)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder of a Security which is shown by the evidence to be included in the Securities the Holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder and upon all future Holders and owners of such Security, and of any Security issued in lieu thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders of the percentage in principal amount of the Securities of any or all series Series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Guarantor, the Trustee and the Holders of all of the Securities of such series Series subject, however, to the provisions of Section 7.01.

Appears in 3 contracts

Samples: Indenture (Chevron Funding Corp), Indenture (Chevron Canada Capital Co), Indenture (Chevron Canada Capital Co)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder holder of a Security which is shown by the evidence to be included in the Securities the Holders holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof or upon registration of transfers thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders holders of all of the Securities of such series subject, however, to the provisions of Section 7.01.

Appears in 3 contracts

Samples: Indenture (Aon PLC), Indenture, Indenture (Aon Corp)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section SECTION 8.01, of the taking of any action by the Holders holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder holder of a Security which is shown by the evidence to be included in the Securities the Holders holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section SECTION 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof or upon registration of transfers thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders holders of all of the Securities of such series subject, however, to the provisions of Section SECTION 7.01.

Appears in 2 contracts

Samples: Indenture (DPL Inc), Indenture (DPL Inc)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.017.01, of the taking of any action by the Holders holders of the percentage in aggregate principal amount of the Securities specified in this Indenture of any or all series in connection with such action, any Holder holder of a Security of such series the serial number of which is shown by the evidence to be included in the Securities of such series the Holders holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.027.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security of such series and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which of such series that by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof, irrespective of whether or not any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in aggregate principal amount of the Securities of any or all such series specified in this Indenture in connection with such action shall be conclusively binding as the act of such holders upon the Company, the Trustee and the Holders of all holders of the Securities of such series subject, however, to the provisions of Section 7.01series.

Appears in 2 contracts

Samples: Indenture (Southwest Airlines Co), Indenture (Southwest Airlines Co)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder holder of a Security which is shown by the evidence to be included in the Securities the Holders holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof or upon registration of transfer thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders holders of all of the Securities of such series subject, however, to the provisions of Section 7.01.

Appears in 2 contracts

Samples: Indenture (Bear Stearns Companies Inc), Indenture (Bear Stearns Capital Trust V)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder holder of a Security which is shown by the evidence to be included in the Securities the Holders holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof or upon registration of transfers thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders holders of all of the Securities of such series subject, however, to the provisions of Section 7.01.. ARTICLE NINE

Appears in 1 contract

Samples: Indenture (Aon Corp)

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Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.018.1, of the taking of any action by the Holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder of a Security which is shown by the evidence to be included in the Securities the Holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.028.2, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder and upon all future Holders and owners of such Security, and of any Security issued in lieu thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders of the percentage in principal amount of the Securities of any or all series Series specified in this Indenture in connection with such action shall be conclusively binding upon the CompanyCorporation, the Trustee and the Holders of all of the Securities of such series Series subject, however, to the provisions of Section 7.017.1.

Appears in 1 contract

Samples: Indenture (Providian Financing Iv)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder of a Security which is shown by the evidence to be included in the Securities the Holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder and upon all future Holders and owners of such Security, and of any Security issued in lieu thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders of the percentage in principal amount of the Securities of any or all series Series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Guarantor, the Trustee and the Holders of all of the Securities of such series Series subject, however, to the provisions of Section 7.01.. ARTICLE NINE

Appears in 1 contract

Samples: Indenture (Chevrontexaco Corp)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the TrusteeTrustees, as provided in Section 8.018.1, of the taking of any action by the Holders holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder holder of a Security which is shown by the evidence to be included in the Securities the Holders holders of which have consented to such action may, by filing written notice with the U.S. Trustee at its principal office and upon proof of holding as provided in Section 8.028.2, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof or upon registration of transfer thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the CompanyCorporation, the Trustee Trustees and the Holders holders of all of the Securities of such series subject, however, to the provisions of Section 7.017.1.

Appears in 1 contract

Samples: Senior Indenture (Algonquin Power & Utilities Corp.)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder of a Security which is shown by the evidence to be included in the Securities the Holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder and upon all future Holders and owners of such Security, and of any Security issued in lieu thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders of the percentage in principal amount of the Securities of any or all series Series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders of all of the Securities of such series Series subject, however, to the provisions of Section 7.01.

Appears in 1 contract

Samples: Senior Indenture (Ati Financing Ii)

Instruments Executed by Securityholders Bind Future Holders. At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the Holders holders of the percentage in principal amount of the Securities specified in this Indenture in connection with such action, any Holder holder of a Security which is shown by the evidence to be included in the Securities the Holders holders of which have consented to such action may, by filing written notice with the Trustee at its principal office and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the Holder holder of any Security and any direction, demand, request, notice, waiver, consent, vote or other action of the Holder holder of any Security which by any provisions of this Indenture is required or permitted to be given shall be conclusive and binding upon such Holder holder and upon all future Holders holders and owners of such Security, and of any Security issued in lieu thereof, irrespective of whether any notation in regard thereto is made upon such Security. Any action taken by the Holders holders of the percentage in principal amount of the Securities of any or all series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the Holders holders of all of the Securities of such series subject, however, to the provisions of Section 7.01.. ARTICLE NINE

Appears in 1 contract

Samples: Indenture (Wells Fargo Capital Iii)

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