Common use of Powers Cumulative Clause in Contracts

Powers Cumulative. Any one or more of the powers or any combination of the powers in this Indenture stated to be exercisable by the Registered Warrantholders by Extraordinary Resolution or otherwise may be exercised from time to time and the exercise of any one or more of such powers or any combination of powers from time to time shall not be deemed to exhaust the right of the Registered Warrantholders to exercise such power or powers or combination of powers then or thereafter from time to time. Minutes of all resolutions and proceedings at every meeting of Registered Warrantholders shall be made and duly recorded in the books and such minutes as aforesaid, if signed by the chairman or the secretary of the meeting at which such resolutions were passed or proceedings had shall be prima facie evidence of the matters therein stated and, until the contrary is proved, every such meeting in respect of the proceedings of which minutes shall have been made shall be deemed to have been duly convened and held, and all resolutions passed thereat or proceedings taken shall be deemed to have been duly passed and taken. All actions which may be taken and all powers that may be exercised by the Registered Warrantholders at a meeting held as provided in this Article 7 may also be taken and exercised by Registered Warrantholders holding at least 66 2/3% of the aggregate number of the then outstanding Warrants by an instrument in writing signed in one or more counterparts by such Registered Warrantholders in person or by attorney duly appointed in writing, and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Powers Cumulative. Any It is hereby declared and agreed that any one or more of the powers or any combination of the powers in this Indenture stated to be exercisable by the Registered Warrantholders Special Shareholders by Extraordinary Resolution extraordinary resolution or otherwise may be exercised from time to time and the exercise of any one or more of such powers or any combination of powers from time to time shall not be deemed to exhaust the right of the Registered Warrantholders Special Shareholders to exercise such power or powers or combination of powers then or thereafter from time to time. Minutes Minutes of all resolutions and proceedings at every meeting of Registered Warrantholders Special Shareholders shall be made and duly recorded entered in books to be from time to time provided for that purpose by the books Trustee at the expense of HII, and any such minutes as aforesaid, if signed by the chairman or the secretary Chairman of the meeting at which such resolutions were passed or proceedings had had, or by the Chairman of the next succeeding meeting of the Special Shareholders, shall be prima facie evidence of the matters therein stated and, until the contrary is proved, every such meeting in respect of the proceedings of which minutes shall have been made shall be deemed to have been duly convened and held, and all resolutions passed thereat or proceedings taken shall be deemed to have been duly passed and taken. Instruments in Writing All actions which may be taken and all powers that may be exercised by the Registered Warrantholders Special Shareholders at a meeting held as provided in this Article 7 may also be taken and exercised by Registered Warrantholders Special Shareholders (excluding Special Shares held by HII or its Affiliates) holding at least 66 not less than 66-2/3% of the aggregate number of the then outstanding Warrants Special Shares by an instrument in writing signed in one or more counterparts by such Registered Warrantholders Special Shareholders in person or by attorney duly appointed in writing, and the expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture shall include an instrument so signed.. Binding Effect of Resolutions Every resolution and every extraordinary resolution passed in accordance with the provisions of this Article at a meeting of Special Shareholders shall be binding upon all the Special Shareholders, whether present at or absent from such meeting, and every instrument in writing signed by Special Shareholders in accordance with section shall be binding upon all the Special Shareholders, whether signatories thereto or not, and each and every Special Shareholder and the Trustee (subject to the provisions for indemnity herein contained) shall be bound to give effect accordingly to every such resolution and instrument in writing. In the case of an instrument in writing the Trustee shall give a copy of such instrument in writing in the manner contemplated in sections and to all Special Shareholders, HII and the Corporation as soon as is reasonably practicable. Holdings by HII or Its Affiliates Disregarded In determining whether Special Shareholders holding the required number of Special Shares are present at a meeting of Special Shareholders for the purpose of determining a quorum or have concurred in any consent, waiver, extraordinary resolution, Special Shareholders' Request or other action under this Indenture, Special Shares owned legally or beneficially by HII or any of its Affiliates shall be disregarded. The Trustee may rely on an Officers' Certificate of HII in determining which Special Shares, if any, are owned legally or beneficially by HII or its Affiliates. HII shall, forthwith upon the Trustee's written request, file with the Trustee an Officers' Certificate of HII setting forth as at the date of such certificate the number of Special Shares owned legally or beneficially by HII or its Affiliates. ARTICLE

Powers Cumulative. Any one or more of the powers or any combination of the powers in this Indenture stated to be exercisable by the Registered Warrantholders by Extraordinary Resolution or otherwise may be exercised from time to time and the exercise of any one or more of such powers or any combination of powers from time to time shall not be deemed to exhaust the right of the Registered Warrantholders to exercise such power or powers or combination of powers then or thereafter from time to time. Minutes of all resolutions and proceedings at every meeting of Registered Warrantholders shall be made and duly recorded entered in books to be provided from time to time for that purpose by the books Warrant Agent at the expense of the Corporation, and any such minutes as aforesaid, if signed by the chairman or the secretary of the meeting at which such resolutions were passed or proceedings had shall be prima facie evidence of the matters therein stated and, until the contrary is proved, every such meeting in respect of the proceedings of which minutes shall have been made shall be deemed to have been duly convened and held, and all resolutions passed thereat or proceedings taken shall be deemed to have been duly passed and taken. All actions which may be taken and all powers that may be exercised by the Registered Warrantholders at a meeting held as provided in this Article 7 may also be taken and exercised by Registered Warrantholders holding at least 66 2/3% of the aggregate number of the all then outstanding Warrants by an instrument in writing signed in one or more counterparts by such Registered Warrantholders in person or by attorney duly appointed in writing, and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Powers Cumulative. Any It is hereby declared and agreed that any one or more of the powers or any combination of the powers in this Indenture stated to be exercisable by the Registered Warrantholders by Extraordinary Resolution or otherwise may be exercised from time to time and the exercise of any one or more of such powers or any combination of powers from time to time shall not be deemed to exhaust the right of the Registered Warrantholders to exercise such power or powers or combination of powers then or thereafter from time to time. Minutes of all resolutions and proceedings at every meeting of Registered Warrantholders shall be made and duly recorded entered in books to be provided from time to time for that purpose by the books Warrant Agent at the expense of the Company, and any such minutes as aforesaid, if signed by the chairman or the secretary of the meeting at which such resolutions were passed or proceedings had had, shall be prima facie evidence of the matters therein stated and, until the contrary is proved, every such meeting in respect of the proceedings of which minutes shall have been made shall be deemed to have been duly convened and held, and all resolutions passed thereat or proceedings taken thereat shall be deemed to have been duly passed and taken. All actions which may be taken and all powers that may be exercised by the Registered Warrantholders at a meeting held as provided in this Article 7 9 may also be taken and exercised by Registered Warrantholders holding representing at least 66 2/3% of the aggregate number of all the then outstanding Warrants by an instrument in writing signed in one or more counterparts by such Registered Warrantholders in person or by attorney duly appointed in writing, and the expression “"Extraordinary Resolution” " when used in this Indenture shall include an instrument so signed.

Powers Cumulative. Any one or more of the powers or any combination of the powers in this Indenture stated to be exercisable by the Registered Warrantholders Debentureholders by Extraordinary Resolution or otherwise may be exercised from time to time and the exercise of any one or more of such powers or any combination of powers from time to time shall not be deemed to exhaust the right rights of the Registered Warrantholders Debentureholders to exercise the same or any other such power or powers or combination of powers then or thereafter from time to time. Minutes of all resolutions and proceedings at every meeting of Registered Warrantholders as aforesaid shall be made and duly recorded entered in books to be from time to time provided for that purpose by the books Trustee at the expense of the Corporation, and any such minutes as aforesaid, if signed by the chairman or the secretary of the meeting at which such resolutions were passed or proceedings had had, or by the chairman of the next succeeding meeting of the Debentureholders, shall be prima facie evidence of the matters therein stated and, until the contrary is proved, every such meeting meeting, in respect of the proceedings of which minutes shall have been made made, shall be deemed to have been duly convened held and heldconvened, and all resolutions passed thereat or proceedings taken shall be deemed thereat to have been duly passed and taken. All actions which may be taken and all powers that may be exercised by the Registered Warrantholders Debentureholders at a meeting held as provided hereinbefore in this Article 7 provided may also be taken and exercised by Registered Warrantholders holding at least 66 2/3% the holders of 66⅔% of the aggregate number principal amount of all the outstanding Debentures and, if the meeting at which such actions might be taken would be a Serial Meeting, by the holders of 66⅔% of the principal amount of the Debentures then outstanding Warrants of each especially affected series, by an instrument in writing signed in one or more counterparts by such Registered Warrantholders in person or by attorney duly appointed in writing, and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Powers Cumulative. Any one or more of the powers or powers, and any combination of the powers powers, in this Indenture Agreement stated to be exercisable by the Registered Warrantholders by Extraordinary Resolution or otherwise otherwise, may be exercised from time to time time, and the exercise of any one or more of such powers or any combination of such powers from time to time shall not be deemed to exhaust prevent the right of the Registered Warrantholders to exercise from exercising such power or powers or combination of powers then or thereafter from time to time. (z) Minutes. Minutes of all resolutions passed and proceedings taken at every meeting of Registered the Warrantholders shall be made and duly recorded entered in books from time to time provided for such purpose by the books Company, and any such minutes as aforesaidminutes, if signed by the chairman or the secretary of the meeting at which such resolutions were passed or such proceedings had were taken, shall be prima facie evidence of the matters therein stated stated, and, until the contrary is proved, every such meeting in respect of the proceedings of which minutes shall have been made so made, entered and signed shall be deemed to have been duly convened and held, and all resolutions passed thereat or and proceedings taken shall be deemed thereat to have been duly passed and taken. All actions which (aa) Instruments in Writing. Any action that may be taken and all powers any power that may be exercised by the Registered Warrantholders at a meeting held as provided in this Article 7 VII may also be taken and exercised by Registered Warrantholders holding who hold in the aggregate not less than 50% of the total number of Series B Warrants at least the time outstanding or in the case of an Extraordinary Resolution, Warrantholders who hold in the aggregate not less than 66 2/3% of the aggregate total number of Series B Warrants at the then outstanding Warrants time outstanding, by an instrument in writing signed in one or more counterparts by such Registered Warrantholders their signing, each in person or by attorney duly appointed in writing, an instrument in writing in one or more counterparts, and the expression “Extraordinary Resolution” when used in this Indenture shall include Agreement includes a resolution embodied in an instrument so signed.

Powers Cumulative. Any It is hereby declared and agreed that any one or more of the powers or any combination of the powers in this Indenture stated to be exercisable by the Registered Warrantholders by Extraordinary Resolution extraordinary resolution or otherwise may be exercised from time to time and the exercise of any one or more of such powers or any combination of powers from time to time shall not be deemed to exhaust the right of the Registered Warrantholders to exercise such power or powers or combination of powers then or thereafter from time to time. Minutes of all resolutions and proceedings at every meeting of Registered Warrantholders as aforesaid shall be made and duly recorded entered in books to be provided for that purpose by the books Warrant Agent at the expense of the Company and such any minutes as aforesaid, if signed by the chairman or the secretary of the meeting at which such resolutions were passed or proceedings had had, or by the chairman of the next succeeding meeting of the Warrantholders, shall be prima facie evidence of the matters therein stated and, until the contrary is proved, every such meeting meeting, in respect of the proceedings of which minutes shall have been made made, shall be deemed to have been duly convened and held, and all resolutions passed thereat or proceedings taken shall be deemed taken, to have been duly passed and taken. All actions which that may be taken and all powers that may be exercised by the Registered Warrantholders at a meeting held as provided in this Article 7 6 may also be taken and exercised by Registered Warrantholders holding representing a majority, or in the case of an extraordinary resolution at least 66 2/3% 66⅔%, of the aggregate number of all the then outstanding Warrants by an instrument in writing signed in one or more counterparts by such Registered Warrantholders in person or by attorney duly appointed in writing, and the expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture shall include an instrument so signed.