Common use of Preservation of Information; Communications to Holder Clause in Contracts

Preservation of Information; Communications to Holder. (a) Holders may communicate with other Holders with respect to their rights under the Series Certificate Agreement. If any Holder writes to the Administrator and states that it desires to communicate with other Holders with respect to its rights under the Series Certificate Agreement, and encloses with such writing a copy of the form of proxy or other communication which it proposes to transmit to the other Holders, the Administrator will, within five Business Days after the receipt of such writing, at its election either: (i) afford such Holder access to the information regarding the names and addresses of all other Holders provided by the Remarketing Agent pursuant to Section 14.03, or (ii) inform the requesting Holder(s) of the approximate number of Holders whose names and addresses appear in the information provided by the Remarketing Agent pursuant to Section 14.03, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such written request. If the Administrator does not allow the requesting Holder(s) access to the information described in subsection (i) above, the Administrator will, upon the written request of such Holder(s), mail to each current Holder a copy of the form of proxy or other communication that is specified in such request, with reasonable promptness, upon the Administrator’s receipt of the material to be mailed and payment of the reasonable mailing expenses. The Holder(s) requesting such mailing will be solely responsible for complying with any state and Federal securities laws and regulations regarding any communication pursuant to this Section, and the Administrator will have no responsibility in that regard. At the request of Xxxxxxx Mac, a requesting Holder may be required to provide an Opinion of Counsel that all securities laws have been complied with in connection with any such mailing. (b) Every Holder, by receiving and holding any such information as to the names and addresses of the Holders in accordance with Section 10.08(a), or by directing the Administrator to mail certain information pursuant to Section 10.08(b), agrees with Xxxxxxx Mac and the Administrator to hold such information confidential, and agrees that none of Xxxxxxx Mac, the Remarketing Agent or the Administrator will be held accountable by reason of the disclosure of such information regardless of the source from which such information was derived.

Appears in 4 contracts

Samples: Series Certificate Agreement (America First Multifamily Investors, L.P.), Series Certificate Agreement (America First Multifamily Investors, L.P.), Series Certificate Agreement (Centerline Holding Co)

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Preservation of Information; Communications to Holder. (a) Holders may communicate with other Holders with respect to their rights under the Series Certificate Agreement. If any Holder writes to the Administrator and states that it desires to communicate with other Holders with respect to its rights under the Series Certificate Agreement, and encloses with such writing a copy of the form of proxy or other communication which it proposes to transmit to the other Holders, the Administrator will, within five Business Days after the receipt of such writing, at its election either: (i) afford such Holder access to the information regarding the names and addresses of all other Holders provided by (to the Remarketing Agent pursuant to Section 14.03extent that the Administrator can ascertain the identity of the beneficial owners without expense (or in the case of the Sponsor, the Sponsor's payment of such expenses) and through the use of commercially reasonable methods), or (ii) inform the requesting Holder(s) of the approximate number of Holders whose names and addresses appear (to the extent that the Administrator can ascertain the identity of the beneficial owners without expense (or in the information provided by case of the Remarketing Agent pursuant to Section 14.03Sponsor, the Sponsor's payment of such expenses), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such written request. If the Administrator does not allow the requesting Holder(s) access to the information described in subsection (i) above, the Administrator will, upon the written request of such Holder(s), mail to each current Holder a copy of the form of proxy or other communication that is specified in such request, with reasonable promptness, upon the Administrator’s receipt of the material to be mailed and payment of the reasonable mailing expenses. The Holder(s) requesting such mailing will be solely responsible for complying with any state and Federal securities laws and regulations regarding any communication pursuant to this Section, and the Administrator will have no responsibility in that regard. At the request of Xxxxxxx Fxxxxxx Mac, a requesting Holder may be required to provide an Opinion of Counsel that all securities laws have been complied with in connection with any such mailing. (b) Every Holder, by receiving and holding any such information as to the names and addresses of the Holders in accordance with Section 10.08(a), or by directing the Administrator to mail certain information pursuant to Section 10.08(b), agrees with Xxxxxxx Fxxxxxx Mac and the Administrator to hold such information confidential, and agrees that none of Xxxxxxx Fxxxxxx Mac, the Remarketing Agent or the Administrator will be held accountable by reason of the disclosure of such information regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Series Certificate Agreement (America First Multifamily Investors, L.P.)

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