Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2). (b) If three or more Holders of Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either (1) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or (2) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application. (c) Every Holder of Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 3 contracts
Samples: Indenture (Comdisco Inc), Indenture (Comdisco Inc), Indenture (Comdisco Inc)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "applicants") apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities of each series or coupons, by receiving and holding the same, agrees with the Company and the Trustee for the Securities of such series that neither the Company nor the Trustee such Trustee, nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 3 contracts
Samples: Indenture (Kraft Foods Inc), Indenture (Philip Morris Companies Inc), Indenture (Philip Morris Companies Inc)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.1 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.1 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "“applicants"”) apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.2(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the CommissionSEC, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the CommissionSEC, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission SEC shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company Company, the Guarantors (if applicable) and the Trustee that neither none of the Company Company, the Guarantors (if applicable) nor the Trustee nor any Paying Agent nor agent of any Security Registrar of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.2(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.2(b).
Appears in 3 contracts
Samples: Indenture (Constellation Energy Partners LLC), Indenture (DEP Operating Partnership, L.P.), Indenture (Constellation Energy Partners LLC)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company and the Trustee for the Securities of such series that neither the Company nor the Trustee such Trustee, nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 3 contracts
Samples: Indenture (Lorillard, Inc.), Indenture (Philip Morris USA Inc.), Indenture (Lorillard, Inc.)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, if so acting for each the relevant series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Securities. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof such series, by receiving and holding the same, agrees with the Company Issuer and the Trustee that neither the Company Issuer nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 3 contracts
Samples: Senior Debt Indenture (Cnooc LTD), Senior Debt Indenture (Nexen Inc), Subordinated Debt Indenture (Nexen Inc)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, if so acting for each the relevant series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Securities. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof such series, by receiving and holding the same, agrees with the Company Issuers and the Trustee that neither the Company Issuers nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 2 contracts
Samples: Senior Debt Indenture (Meristar Hospitality Operating Partnership Lp), Senior Debt Indenture (Meristar Hospitality Operating Partnership Lp)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "applicants") apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company Issuer, the Guarantors and the Trustee for the Securities of such series that neither none of the Company nor Issuer, the Guarantors, such Trustee nor any Paying Agent nor any Security Registrar or their respective agents shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 2 contracts
Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Realty Trust)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the such Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders received by the such Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Such Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "applicants") apply in writing to the TrusteeTrustee for the Securities of such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of such series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of such series whose name and address appears appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), ) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; , otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company Company, the Guarantor and the Trustee for the Securities of such series that neither none of the Company nor Company, the Guarantor and such Trustee nor any Paying Agent nor agent of any Security Registrar of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the such Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 2 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co LTD)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.1 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.1 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series or with Holders of all other series of Securities with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), or
(2ii) inform such applicants as to the approximate number of Holders of such series of Securities or Holders of all other series of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), and as to the approximate cost of mailing to the Holders of such series of Securities or the Holders of all series of Securities the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of such series of Securities or of all series of Securities or of all series of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.2(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the relevant Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.2(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.2(b).
Appears in 2 contracts
Samples: Indenture (Pitney Bowes Credit Corp), Indenture (Pitney Bowes Inc /De/)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.1 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.1 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, transmit then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.2(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.2(b).
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Adelphia Communications Corp), Senior Debt Indenture (Insight Communications Co Inc)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) of each Series contained in the most recent list furnished to the Trustee for each series in respect of such Series as provided in Section 701, (ii) 701 and the name and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar (if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2so acting). The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series Series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series Series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series Series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information in respect of such Series preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of such Series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of such Series whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), ) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the said Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that neither the Trustee nor the Company shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 2 contracts
Samples: Indenture (Anheuser Busch Companies Inc), Indenture (Anheuser Busch Companies Inc)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, all information as to the names and addresses of the Holders of Securities (i1) contained in the most recent list furnished to the Trustee for each series it as provided in Section 701, (ii2) received by the Trustee for each series it in the capacity of Paying Agent or Security Registrar (if the Trustee is then acting in such capacity so acting) hereunder and (iii3) filed with it within the two preceding years pursuant to Section 703(b)(2703(c)(2). The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, furnished and may destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2703(c)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such the same series or of all series with respect to their rights under this Indenture or under the Securities of such series or of all series, as the case may be, and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of such series or of all series, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of such series or of all series, as the case may be, whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities of such series or of all series, as the case may be, or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 2 contracts
Samples: Indenture (United Technologies Corp /De/), Indenture (United Technologies Corp /De/)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2703 (c) (2). The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2703 (c) (2).
(b) If three or more Holders of Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a702 (a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 2 contracts
Samples: Annual Report, Supplemental Indenture (Merrill Lynch & Co Inc)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Registered Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders of Registered Securities received by the Trustee for each series in the its capacity of as Paying Agent or Security Registrar Registrar, if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)so acting. The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than . The Trustee shall preserve for at least two years after filing, any information the names and addresses of Holders of Bearer Securities filed with it the Trustee pursuant to Section 703(b)(2703(c).
(b) If three or more Holders of Debt Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Debt Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Debt Securities of such series (in which case the applicants must hold Debt Securities of such series) or with all Holders of Debt Securities with respect to their rights under this Indenture or under the Debt Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Debt Securities of such series or of all Debt Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; , otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Debt Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 2 contracts
Samples: Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/)
Preservation of Information; Communications to Holders. (a) The Trustee for the Securities of each series shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list furnished to the such Trustee for each series as provided in Section 701, (ii) 9.01 hereof or in the Securities Register if such Trustee be the Securities Registrar for such series and the names and addresses of Holders received by the such Trustee in its capacity as Paying Agent for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)series. The Such Trustee may destroy any list furnished to it as provided in Section 701 9.01 hereof upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of the Securities of any series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for such series or the Trustee for any other series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such a series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such any series with respect to their rights under this Indenture or under the Securities of any series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Subsection (a) of this Section 702(a)9.02, or
(2ii) inform such applicants as to the approximate number of such Holders of Securities whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Subsection (a) of this Section 702(a)9.02, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the such Trustee shall elect not to afford such applicants access to such information, the such Trustee shall, shall upon the written request of such applicants, mail to each Holder of Securities to whom the applicant desires to communicate whose name and address appears appear in the information preserved at the time by the such Trustee in accordance with Subsection (a) of this Section 702(a)9.02, a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the such Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; , otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee Trustee, nor any Paying Agent nor any Security Registrar agent of the Company or the Trustee, shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Subsection (b) of this Section 702(b)9.02, regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Subsection (b) of this Section 702(b)9.02.
Appears in 2 contracts
Samples: Senior Indenture (American Express Co), Indenture (American Express Credit Corp)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, all information as to the names and addresses of the Holders of registered Securities of each series (i) contained in the most recent list furnished to the Trustee for each series it as provided in Section 7015.01, (ii) received by the Trustee for each series it in the capacity of Security Registrar for such series, if the Trustee is then acting in such capacity so acting, and (iii) filed with it within the two preceding years pursuant to Section 703(b)(25.04 (c)(ii). The Trustee may destroy any list furnished to it with respect to Securities of any Series as provided in Section 701 5.01 upon receipt of a new list with respect to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter in this Section referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with the other Holders of the Securities of a particular series (in which case the applicants must all hold Securities of such series) or with the Holders of the Securities of all series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), or
(2ii) inform such applicants as to the approximate number of Holders of registered Securities of such series or of all registered Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford to such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of registered Securities of such series or to each Holder of registered Securities of all series, as the case may be, whose name and address appears shall appear in the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), a copy of the form of proxy or other communication which is specified in such request, request with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the CommissionSEC, together with a copy of the material proposed to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of registered Securities of such series or of all series, as the case may be, or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the CommissionSEC, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).an
Appears in 2 contracts
Samples: Indenture (Corn Products International Inc), Indenture (Corn Products International Inc)
Preservation of Information; Communications to Holders. (a) The Trustee Security Registrar for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to it or the Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders of the Securities of such series received by the such it or such Trustee in its capacity. The Trustee or Series Registrar for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing delivery to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail deliver to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed delivered and of payment, or provision of for the payment, of the reasonable expenses of mailingdelivery, unless within five days after such tender the tender, such Trustee shall mail deliver to such applicants and file with the Commission, together with a copy of the material to be maileddelivered, a written statement to the effect that, in the opinion of the such Trustee, such mailing delivery would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail deliver copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company Issuer, the Guarantors and the Trustee for the Securities of such series that neither none of the Company nor Issuer, the Guarantors, such Trustee nor any Paying Agent nor any Security Registrar or their respective agents shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing delivering any material pursuant to a request made under Section 702(b).
Appears in 2 contracts
Samples: Indenture (Sovran Acquisition LTD Partnership), Indenture (Sovran Acquisition LTD Partnership)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "applicants") apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities of each series or coupons, by receiving and holding the same, agrees with the Company Issuers and the Trustee for the Securities of such series that neither of the Company nor the Trustee Issuers, such Trustee, nor any Paying Agent nor agent of any Security Registrar of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Subordinated Debt Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the its capacity of as Security Registrar Registrar, if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2)acting.
(b) If three or more Holders of a series of Subordinated Debt Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Subordinated Debt Security of such series for a period of at least six months immediately preceding the date of such application, and such application states that the applicants applicants' desire to communicate with other Holders of Subordinated Debt Securities of a particular series (in which case the applicants must hold Subordinated Debt Securities of such series series) or with all Holders of Subordinated Debt Securities with respect to their rights under this Indenture or under the Subordinated Debt Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a701(a), ; or
(2) inform such applicants as to the approximate number of Holders of Subordinated Debt Securities of such series or of all Subordinated Debt Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a701(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a701(a), a copy of the form of proxy or other communication which that is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; , otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSubordinated Debt Securities, by receiving and holding the same, agrees with the Company Issuer, the Guarantor and the Trustee that neither none of the Company nor Issuer, the Guarantor or the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b701(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b701(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Registered Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the its capacity of as Security Registrar (or Paying Agent, if the Trustee is then acting in such capacity so acting) and (iii) filed with it within during the two preceding years pursuant to Section 703(b)(2703(c)(2). The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities of such series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Registered Securities of such series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders of Registered Securities of such series the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Registered Securities of such series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Registered Securities of such series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, objections the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Registered Securities of such series with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee Trustee, nor any Paying Agent nor any Security Registrar agent of the Company or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Registered Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Heinz H J Co)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Registered Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee for each series in the its capacity of Security Registrar as Registrar, if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)so acting. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than . The Trustee shall preserve for at least two years after filing, from the date of receipt of the names and addresses of Holders of any information Debt Securities filed with it pursuant the Trustee, to Section 703(b)(2)the extent so filed.
(b) If three or more Holders of Securities of any series (hereinafter referred to as "“applicants"”) apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Debt Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Debt Securities of a particular series (in which case the applicants must hold Debt Securities of such series series) or with all Holders of Debt Securities with respect to their rights under this Indenture or under the Debt Securities and such application is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), or
(2ii) inform such applicants as to the approximate number of Holders of Debt Securities of such series or of all Debt Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, if after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Debt Securities or couponsCoupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Samples: Indenture (HSBC Holdings PLC)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, all information as to the names and addresses of the Holders of Securities (i1) contained in the most recent list furnished to the Trustee for each series it as provided in Section 701, 6.1 and (ii2) received by the Trustee for each series it in the capacity of Security Paying Agent or Registrar (if the Trustee is then acting in such capacity and (iiiso acting) filed with it within the two preceding years pursuant to Section 703(b)(2)hereunder. The Trustee may destroy any list furnished to it as provided in Section 701 6.1 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If In case three or more Holders of Securities of any series (hereinafter referred to as called "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities Securities, and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1) afford such applicants access to the information preserved at a the time by the Trustee in accordance with the provisions of subsection (a) of this Section 702(a)6.2, or
(2) inform such applicants as to the approximate number of Holders of Securities of such series or of all series, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with the provisions of subsection (a) of this Section 702(a)6.2, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with the provisions of subsection (a) of this Section 702(a)6.2, a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities Securities, or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Each and every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor or any Registrar or any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with the provisions of subsection (b) of this Section 702(b)6.2, regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(bsaid subsection (b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, if so acting for each the relevant series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Securities. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof such series, by receiving and holding the same, agrees with the Company Issuers and the Trustee that neither the Company Issuers nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Samples: Subordinated Debt Indenture (Meristar Hospitality Operating Partnership Lp)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Subordinated Debt Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the its capacity of as Security Registrar Registrar, if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2)acting.
(b) If three or more Holders of a series of Subordinated Debt Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Subordinated Debt Security of such series for a period of at least six months immediately preceding the date of such application, and such application states that the applicants applicants' desire to communicate with other Holders of Subordinated Debt Securities of a particular series (in which case the applicants must hold Subordinated Debt Securities of such series series) or with all Holders of Subordinated Debt Securities with respect to their rights under this Indenture or under the Subordinated Debt Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a701(a), ; or
(2) inform such applicants as to the approximate number of Holders of Subordinated Debt Securities of such series or of all Subordinated Debt Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a701(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a701(a), a copy of the form of proxy or other communication which that is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; , otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSubordinated Debt Securities, by receiving and holding the same, agrees with the Company Issuer and the Trustee that neither the Company Issuer nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b701(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b701(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series or with Holders of all other series of Securities with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), or
(2ii) inform such applicants as to the approximate number of Holders of such series of Securities or Holders of all other series of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to the Holders of such series of Securities or the Holders of all series of Securities the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of such series of Securities or of all series of Securities or of all series of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the relevant Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Samples: Indenture (Masco Corp /De/)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.1 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.1 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, transmit then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
either (1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), or
; or (2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.2(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.2(b).
Appears in 1 contract
Samples: Senior Debt Indenture (Adelphia Communications Corp)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 7.1 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 7.1 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a7.2(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a7.2(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a7.2(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commissionapplicants, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company and the Trustee for the Securities of such series that neither the Company nor the Trustee such Trustee, nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b7.2(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.2(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, all information as to the names and addresses of the Holders of registered Securities of each series (i) contained in the most recent list furnished to the Trustee for each series it as provided in Section 7015.01, (ii) received by the Trustee for each series it in the capacity of Security Registrar for such series, if the Trustee is then acting in such capacity so acting, and (iii) filed with it within the two preceding years pursuant to Section 703(b)(25.04 (c)(ii). The Trustee may destroy any list furnished to it with respect to Securities of any Series as provided in Section 701 5.01 upon receipt of a new list with respect to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter in this Section referred to as "“applicants"”) apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with the other Holders of the Securities of a particular series (in which case the applicants must all hold Securities of such series) or with the Holders of the Securities of all series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), or
(2ii) inform such applicants as to the approximate number of Holders of registered Securities of such series or of all registered Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford to such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of registered Securities of such series or to each Holder of registered Securities of all series, as the case may be, whose name and address appears shall appear in the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), a copy of the form of proxy or other communication which is specified in such request, request with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the CommissionSEC, together with a copy of the material proposed to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of registered Securities of such series or of all series, as the case may be, or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the CommissionSEC, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission SEC shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of the Securities or couponsand the Coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of the Company or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b5.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b5.02(b).
Appears in 1 contract
Samples: Indenture (Ingredion Inc)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series or with Holders of all other series of Securities with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), or
(2ii) inform such applicants as to the approximate number of Holders of such series of Securities or Holders of all other series of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the 60 approximate cost of mailing to the Holders of such series of Securities or the Holders of all series of Securities the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of such series of Securities or of all series of Securities or of all series of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the relevant Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Samples: Indenture (Masco Corp /De/)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar Registrar, if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)so acting. The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter referred to as "applicants") of Debt Securities of any series apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Debt Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Debt Securities of a particular series (in which case the applicants must hold Debt Securities of such series series) or with all Holders of Debt Securities with respect to their rights under this Indenture or under the Debt Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Debt Securities of such series or of all Debt Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsDebt Securities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Tandy Corp /De/)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more The rights of Holders of Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a)Securities, and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name corresponding rights and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion duties of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their applicationas provided by the Trust Indenture Act.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the any disclosure of any such information as to the names and addresses of Holders made pursuant to the Holders Trust Indenture Act. Section 703 Reports By Trustee.
(a) Within 60 days after [EARLIER INTEREST PAYMENT DATE] of Securities in accordance each year, commencing with Section 702(b)the year 1997, regardless of the source from which such information was derived, and that the Trustee shall not transmit to Holders such reports concerning the Trustee and its actions under this Indenture as may be held accountable by reason of mailing any material required pursuant to a request made under Section 702(b)the Trust Indenture Act in the manner provided pursuant thereto.
(b) A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each stock exchange upon which the Securities are listed or if not listed on any exchange with the appropriate division or market of the Nasdaq Stock Market, with the SEC, and with the Company. The Company will notify the Trustee when the Securities are listed on any stock exchange or division or market of the Nasdaq Stock Market.
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either: Back to Contents
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company Issuer, the Guarantors and the Trustee for the Securities of such series that neither none of the Company nor Issuer, the Guarantors, such Trustee nor any Paying Agent nor any Security Registrar or their respective agents shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Brandywine Operating Partnership Lp /Pa)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Registered Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) and the names and addresses of Holders of Registered Securities received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)or Paying Agent. The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "“applicants"”) apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which that such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), oror - 42 -
(2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect elects not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which that is specified in such request, with reasonable promptness after a tender to the Trustee by the applicants of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter enters an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall findfinds, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter enters an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tendertender by such applicants; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under . Section 702(b)703.
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, if so acting for each the relevant series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Securities. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof such series, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.1 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.1 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved pre- served at the time by the Trustee in accordance with Section 702(a7.2(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.2(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.2(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.2(b).
Appears in 1 contract
Samples: Indenture (Ingersoll Rand Co)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, all information as to the names and addresses of the Holders of registered Securities of each series (i) contained in the most recent list furnished to the Trustee for each series it as provided in Section 7015.01, (ii) received by the Trustee for each series it in the capacity of Security Registrar for such series, if the Trustee is then acting in such capacity so acting, and (iii) filed with it within the two preceding years pursuant to Section 703(b)(25.04 (c)(ii). The Trustee may destroy any list furnished to it with respect to Securities of any Series as provided in Section 701 5.01 upon receipt of a new list with respect to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter in this Section referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with the other Holders of the Securities of a particular series (in which case the applicants must all hold Securities of such series) or with the Holders of the Securities of all series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), or
(2ii) inform such applicants as to the approximate number of Holders of registered Securities of such series or of all registered Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford to such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of registered Securities of such series or to each Holder of registered Securities of all series, as the case may be, whose name and address appears shall appear in the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), a copy of the form of proxy or other communication which is specified in such request, request with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material proposed to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of registered Securities of such series or of all series, as the case may be, or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of the Securities or couponsand the Coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of the Company or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b5.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b5.02(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry 44 of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company Issuer and the Trustee for the Securities of such series that neither none of the Company nor the Issuer, such Trustee nor any Paying Agent nor any Security Registrar or their respective agents shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Acadia Realty Trust)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company Issuer, the Guarantors and the Trustee for the Securities of such series that neither none of the Company nor Issuer, the Guarantors, such Trustee nor any Paying Agent nor any Security Registrar or their respective agents shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (CubeSmart, L.P.)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such the same series with respect to their rights under this Indenture or under the Securities of such series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of such series whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), ) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the such Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Georgia Pacific Corp)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "applicants") apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities of each series or coupons, by receiving and holding the same, agrees with the Company Company, the Guarantor and the Trustee for the Securities of such series that neither the Company Company, the Guarantor nor the Trustee such Trustee, nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Keyspan Corp)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, if so acting for each the relevant series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Securities. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and 57 as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof such series, by receiving and holding the same, agrees with the Company Issuers and the Trustee that neither the Company Issuers nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Samples: Subordinated Debt Indenture (Meristar Hospitality Corp)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of Holders received by the Trustee in its capacity as Security Registrar, if so acting for each the relevant series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Securities. The Trustee may destroy any list furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable 50 promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof such series, by receiving and holding the same, agrees with the Company Issuer and the Trustee that neither the Company Issuer nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of each series contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of such Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list of the Holders of Securities of any series furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2)of such Holders.
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities of such series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a)7.02(a) with respect to the Securities of such series, or
(2ii) inform such applicants as to the approximate number of Holders of Securities of such series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of such series whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of or proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.1 and the names and addresses of Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 7.1 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "“applicants"”) apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.2(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.2(a) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither none of the Company nor the Trustee nor any Paying Agent nor agent of any Security Registrar of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.2(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.2(b).
Appears in 1 contract
Preservation of Information; Communications to Holders. (a1) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) Notes contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 6.01 and the names and addresses of Holders of Notes received by the Trustee for each series in the its capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)as Registrar. The Trustee may destroy any list furnished to it as provided in Section 701 6.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b2) If three or more Holders of Securities of any series Notes (hereinafter referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series Note for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series Notes with respect to their rights under this Indenture or under the Securities Notes and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a6.02(1), or
(2ii) inform such applicants as to the approximate number of Holders of Securities Notes, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a6.02(2), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities a Note, whose name names and address appears addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a6.02(1), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c3) Every Holder of Securities or couponsNotes, by receiving and holding the same, agrees with the Company Obligor and the Trustee that neither the Company Obligor nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities Notes in accordance with Section 702(b6.02(2), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b6.02(2).
Appears in 1 contract
Samples: Indenture (Alpine Group Inc /De/)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "applicants") apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other 77 communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities of each series or coupons, by receiving and holding the same, agrees with the Company and the Trustee for the Securities of such series that neither the Company nor the Trustee such Trustee, nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of 84 mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Cardinal Health Inc)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Registered Securities (i) contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders of Registered Securities received by the Trustee for each series in the its capacity of as Paying Agent or Security Registrar Registrar, if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)so acting. The Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than . The Trustee shall preserve for at least two years after filing, any information the names and addresses of Holders of Bearer Securities filed with it the Trustee pursuant to Section 703(b)(2703(c).
(b) If three or more Holders of Debt Securities of any series (hereinafter referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Debt Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Debt Securities of such series (in which case the applicants must hold Debt Securities of such series) or with all Holders of Debt Securities with respect to their rights under this Indenture or under the Debt Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Debt Securities of such series or of all Debt Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender tender, the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Debt Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Bankamerica Corp/De/)
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of such series contained in the most recent list lists furnished to such Trustee as provided in Section 701 and the names and addresses of Holders of the Securities of such series received by such Trustee in its capacity as Security Registrar for such series, if so acting. The Trustee for each series as provided in Section 701, (ii) received by the Trustee for each series in the capacity of Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2). The Trustee Securities may destroy any list relating to such series of Securities furnished to it as provided in Section 701 upon receipt of a new list relating to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of any such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such that series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such that series with respect to their rights under this Indenture or under the Securities of that series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), or
(2ii) inform such applicants as to the approximate number of Holders of Securities of that series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such that information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of that series whose name and address appears in the information preserved at the time by the such Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the tender, such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests of the Holders of Securities of that series or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities of each series or coupons, by receiving and holding the same, agrees with the Company and the Trustee for the Securities of such series that neither the Company nor the Trustee such Trustee, nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of the Securities of such series in accordance with Section 702(b702 (b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
Appears in 1 contract
Samples: Indenture (Kraft Heinz Co)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, all information as to the names and addresses of the Holders of registered Securities of each series (i) contained in the most recent list furnished to the Trustee for each series it as provided in Section 7015.01, (ii) received by the Trustee for each series it in the capacity of Security Registrar for such series, if the Trustee is then acting in such capacity so acting, and (iii) filed with it within the two preceding years pursuant to Section 703(b)(25.04 (c)(ii). The Trustee may destroy any list furnished to it with respect to Securities of any Series as provided in Section 701 5.01 upon receipt of a new list with respect to such series so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any series (hereinafter in this Section referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with the other Holders of the Securities of a particular series (in which case the applicants must all hold Securities of such series) or with the Holders of the Securities of all series with respect to their rights under this Indenture or under the such Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a5.02(a), or
(2ii) inform such applicants as to the approximate number of Holders of registered Securities of such series or of all registered Securities, as the case may be, whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities whose name and address appears in the information preserved at the time by the Trustee in accordance with Section 702(a), a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or coupons, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).with
Appears in 1 contract
Preservation of Information; Communications to Holders. (a) The Trustee for each series of Securities shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of Securities (i) contained in the most recent list furnished to the such Trustee for each series as provided in Section 701, (ii) 701 and the names and addresses of Holders received by the such Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Such Trustee may destroy any list furnished to it as provided in Section 701 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2).
(b) If three or more Holders of Securities of any particular series (hereinafter herein referred to as "“applicants"”) apply in writing to the TrusteeTrustee for the Securities of such series, and furnish to the such Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the such Trustee shall, within five business days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the such Trustee in accordance with Section 702(a), ; or
(2ii) inform such applicants as to the approximate number of Holders of Securities of such series whose names and addresses appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the any such Trustee shall elect not to afford such applicants access to such information, the such Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of such series whose name and address appears appear in the information preserved at the time by the such Trustee in accordance with Section 702(a), ) a copy of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to the such Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the such Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the such Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the such Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; , otherwise the such Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsof each series, by receiving and holding the same, agrees with the Company Issuer, the Guarantors and the Trustee for the Securities of such series that neither none of the Company nor Issuer, the Guarantors or such Trustee nor any Paying Agent nor agent of any Security Registrar of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b), regardless of the source from which such information was derived, and that the such Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b).
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Samples: Indenture (Ingersoll-Rand PLC)
Preservation of Information; Communications to Holders. (a) The Trustee shall preserve, in as current a form as is reasonably practicable, the names and addresses of Holders of the Securities (i) of each series contained in the most recent list furnished to the Trustee for each series as provided in Section 701, (ii) 7.01 and the names and addresses of such Holders received by the Trustee for each series in the its capacity of as Security Registrar if the Trustee is then acting in such capacity and (iii) filed with it within the two preceding years pursuant to Section 703(b)(2)Registrar. The Trustee may destroy any list of the Holders of Securities of any series furnished to it as provided in Section 701 7.01 upon receipt of a new list so furnished, and destroy it not earlier than two years after filing, any information filed with it pursuant to Section 703(b)(2)of such Holders.
(b) If three or more Holders of Securities of any series (hereinafter herein referred to as "applicants") apply in writing to the Trustee, and furnish to the Trustee reasonable proof that each such applicant has owned a Security of such series for a period of at least six months preceding the date of such application, and such application states that the applicants desire to communicate with other Holders of Securities of such series with respect to their rights under this Indenture or under the Securities of such series and is accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, then the Trustee shall, within five business days Business Days after the receipt of such application, at its election, either:
(1i) afford such applicants access to the information preserved at the time by the Trustee in accordance with Section 702(a)7.02(a) with respect to the Securities of such series, or
(2ii) inform such applicants as to the approximate number of Holders of Securities of such series whose names and addresses appear in the information preserved at the time by the Trustee in accordance with Section 702(a7.02(a), and as to the approximate cost of mailing to such Holders the form of proxy or other communication, if any, specified in such application. If the Trustee shall elect not to afford such applicants access to such information, the Trustee shall, upon the written request of such applicants, mail to each Holder of Securities of such series whose name and address appears appear in the information preserved at the time by the Trustee in accordance with Section 702(a), 7.02(a) a copy of the form of or proxy or other communication which is specified in such request, with reasonable promptness after a tender to the Trustee of the material to be mailed and of payment, or provision of for the payment, of the reasonable expenses of mailing, unless within five days after such tender the Trustee shall mail to such applicants and file with the Commission, together with a copy of the material to be mailed, a written statement to the effect that, in the opinion of the Trustee, such mailing would be contrary to the best interests interest of the Holders of Securities or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. If the Commission, after opportunity for a hearing upon the objections specified in the written statement so filed, shall enter an order refusing to sustain any of such objections or if, after the entry of an order sustaining one or more of such objections, the Commission shall find, after notice and opportunity for hearing, that all the objections so sustained have been met and shall enter an order so declaring, the Trustee shall mail copies of such material to all such Holders of Securities with reasonable promptness after the entry of such order and the renewal of such tender; otherwise the Trustee shall be relieved of any obligation or duty to such applicants respecting their application.
(c) Every Holder of Securities or couponsSecurities, by receiving and holding the same, agrees with the Company and the Trustee that neither the Company nor the Trustee nor any Paying Agent nor any Security Registrar agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders of Securities in accordance with Section 702(b7.02(b), regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under Section 702(b7.02(b).
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