Common use of Instruments in Writing Clause in Contracts

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) of the then outstanding Rights by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 3 contracts

Samples: Arrangement Agreement (Tahoe Resources Inc.), Arrangement Agreement (Pan American Silver Corp), Arrangement Agreement

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Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of 662⁄3% of the then principal amount of all the outstanding Rights Notes by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 3 contracts

Samples: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.), Indenture (Sundial Growers Inc.)

Instruments in Writing. All actions which that may be taken and all powers which that may be exercised by the Holders Debentureholders by Debentureholders’ Resolution or Extraordinary Resolution at a meeting held as hereinbefore provided in this Article herein provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3the holders of not less than 51% or 662/3%) , respectively, of the then outstanding Rights principal amount of the Debentures of the applicable series by an instrument in writing signed in one or more counterparts counterparts, and the expression “Debentureholders’ Resolution” and “Extraordinary Resolution” when used in this Indenture shall include includes an instrument so signed.

Appears in 2 contracts

Samples: Trust Indenture (American Honda Finance Corp), Trust Indenture (American Honda Finance Corp)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) of the then outstanding Rights by an instrument in writing signed in one or more counterparts and by the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signedHolders of more than 50% of the aggregate outstanding principal amount of the Notes.

Appears in 2 contracts

Samples: Settlement Agreement (Circle Star Energy Corp.), Inter Creditor Agreement (Circle Star Energy Corp.)

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article 12 provided may also be taken and exercised by Holders holding at least sixty six and twothe holders of 66-thirds percent (66 2/3%) % of the then principal amount of all the outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of 66⅔% of the then principal amount of all the outstanding Rights Debentures, by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Debenture Indenture, Convertible Debenture Indenture

Instruments in Writing. All actions which that may be taken and all powers which that may be exercised by the Holders under this Indenture at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the Holders holding at least sixty six and two-thirds percent (of not less than 66 2/3%) % of the then principal amount of all the outstanding Rights Debt Securities, by an instrument in writing signed in one or more counterparts and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Case Credit Corp

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders Registered Noteholders at a meeting held as hereinbefore provided in this Article Eight provided may also be taken and exercised by Holders one or more Registered Noteholders holding at least sixty six and two-thirds percent (66 2/3%) 2/3 per cent of the principal amount of the Notes then outstanding Rights by an instrument in writing signed in one or more counterparts and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Caterpillar Financial Services Corp

Instruments in Writing. All actions which that may be taken and all powers which that may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided set forth in this Article provided 13 may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) an Act of the then outstanding Rights Holders of not less than a majority in principal amount of all the Outstanding Notes, or with respect to an Extraordinary Resolution by an Act of the Holders of not less than 662/3 percent of the principal amount of Outstanding Notes, by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.expression

Appears in 1 contract

Samples: Indenture (Nova Chemicals Corp /New)

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (the holders of 66 2/3%) % of the then principal amount of all the outstanding Rights Notes by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Trust Indenture (Theratechnologies Inc.)

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of 66⅔% of the then principal amount of all the outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Convertible Secured Debenture Indenture

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of 662/3% of the then principal amount of all the outstanding Rights Notes by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indenture (Terrace Energy Corp)

Instruments in Writing. All actions which that may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article Thirteen provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (the holders of not less than 66 2/3%) % in principal amount of all the then outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” "extraordinary resolution" when used in this Trust Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Bank of Montreal /Can/

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders 6.25% Debentureholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of the then applicable principal amount of all the outstanding Rights 6.25% Debentures, by an instrument in writing signed in one or more counterparts and the expression Extraordinary Resolutionresolutionwhen used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Second Supplemental Indenture (Dirtt Environmental Solutions LTD)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders noteholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and twothe holders of 66-thirds percent (66 2/3%) % of the principal amount of all the then outstanding Rights Notes by an instrument in writing signed in one or more counterparts and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Symons International Group Inc

Instruments in Writing. All actions which that may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article Nine provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (the holders of not less than 66 2/3%) % in principal amount of all the then outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” "extraordinary resolution" when used in this Trust Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Bank of Montreal /Can/

Instruments in Writing. All Except as otherwise provided herein, and except in respect of an Extraordinary Resolution, all actions which may be taken and all powers which that may be exercised by the Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the Holders holding at least sixty six and two-thirds percent (of 66 2/3%) % of the then aggregate principal amount of all the outstanding Rights Securities and by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signedcounterparts.

Appears in 1 contract

Samples: Great Basin Gold LTD

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of the then requisite principal amount of the outstanding Rights Note by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture and references to other resolutions of the Noteholders in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Trust Indenture (Just Energy Group Inc.)

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Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six the holders of more than 50% of the principal amount of outstanding Debentures in the case of an Ordinary Resolution and two-thirds percent (not less than 66 2/3%) % of the then principal amount of the outstanding Rights Debentures in the case of an Extraordinary Resolution, by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Instruments in Writing. (a) All actions which may be taken and all powers which that may be exercised by the extraordinary resolution or other resolution of applicable Holders at a meeting held as hereinbefore provided in this Article 10 provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of not less than 50% of the then principal amount of all outstanding Rights Securities or not less than 50% of the principal amount of all outstanding Securities of a particular series, as applicable, by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indenture (Ventas Inc)

Instruments in Writing. All actions which may be taken and all powers which may be exercised by the Holders Registered Noteholders at a meeting held as hereinbefore provided in this Article 8 provided may also be taken and exercised by Holders one or more Registered Noteholders holding at least sixty six and two-thirds percent (66 2/3%) 2/3 per cent of the principal amount of the Notes then outstanding Rights by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: American Express Credit Corp

Instruments in Writing. All actions which that may be taken and all powers which that may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided in this Article provided 6 also may also be taken and exercised by Holders holding Noteholders representing at least sixty six and two-thirds percent (66 2/3%) % of the aggregate principal amount of the then outstanding Rights Notes by an instrument in writing signed in one or more counterparts by such Noteholders in person or by attorney duly appointed in writing, and the expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Peru Copper Inc.

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided described in this Article 11 provided may also be taken and exercised at any time by Holders holding at least sixty six and two-thirds percent (the holders of not less than 66 2/3%) % in the principal amount of all the then outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression "Extraordinary Resolution" when used in this Trust Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Bank of Montreal /Can/

Instruments in Writing. All actions which actions, that may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article Thirteen provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (the holders of not less than 66 2/3%) % in principal amount of all the then outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” "extraordinary resolution" when used in this Trust Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Bank of Montreal /Can/

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Noteholders at a meeting held as hereinbefore provided in this Article Eleven provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (the holders of not less than 66 2/3%) % of the principal amount of Notes or Series of Notes, as the case may be, then outstanding Rights outstanding, by an instrument in writing signed in one or more counterparts and the expression `Extraordinary Resolutionwhen used in this Indenture shall will include an instrument so signed.

Appears in 1 contract

Samples: Trust Indenture

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders at a meeting held as hereinbefore provided in this Article 15 provided may also be taken and exercised by the Holders holding at least sixty six and two-thirds percent (66 2/3%) of 66⅔% of the principal amount of Notes then outstanding Rights by an instrument in writing signed in one or more counterparts and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: sedar-filings.thecse.com

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of 662⁄3% of the then principal amount of all the outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indenture (HEXO Corp.)

Instruments in Writing. All actions which that may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by Holders holding at least sixty six and two-thirds percent (66 2/3%) the holders of not less than 662/3% in principal amount of all of the then outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolutionextraordinary resolution” when used in this Trust Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Bce Inc

Instruments in Writing. All actions which may be taken and all powers which that may be exercised by the Holders Debentureholders at a meeting held as hereinbefore provided in this Article provided may also also, where permitted by applicable laws, be taken and exercised by Holders holding at least sixty six and two-thirds percent (the holders of 66 2/3%) % of the then principal amount of all the outstanding Rights Debentures by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Trust Indenture (Timberwest Forest Corp)

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