Common use of Proof of Execution by Securityholders Clause in Contracts

Proof of Execution by Securityholders. Subject to the provisions of Section 6.01, proof of the execution of any instrument by a Securityholder (such proof will not require notarization) or his agent or proxy and proof of the holding by any Person of any of the Junior Subordinated Debentures shall be sufficient if made in the following manner: (a) The fact and date of the execution by any such Person of any instrument may be proved in any reasonable manner acceptable to the Trustee. (b) The ownership of Junior Subordinated Debentures shall be proved by the Securities Register or by a certificate of the Securities Registrar thereof. (c) The Trustee may require such additional proof of any matter referred to in this Section as it shall deem necessary.

Appears in 6 contracts

Samples: Subordinated Indenture (Blue Valley Ban Corp), Subordinated Indenture (BVBC Capital Trust I), Subordinated Indenture (Flagstar Trust)

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Proof of Execution by Securityholders. Subject to the provisions of Section 6.016.1, proof of the execution of any instrument by a Securityholder (such proof will not require notarization) or his agent or proxy and proof of the holding by any Person of any of the Junior Subordinated Debentures shall be sufficient if made in the following manner: (a) The fact and date of the execution by any such Person of any instrument may be proved in any reasonable manner acceptable to the Trustee. (b) The ownership of Junior Subordinated Debentures shall be proved by the Securities Register or by a certificate of the Securities Registrar thereof. (c) The Trustee may require such additional proof of any matter referred to in this Section as it shall deem necessary.

Appears in 4 contracts

Samples: Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc)

Proof of Execution by Securityholders. Subject to the provisions of Section Sections 6.01, 9.01, 9.03 and 10.05, proof of the execution of any instrument by a Securityholder (such proof will not require notarization) or his agent or proxy and proof of the holding by any Person of any of the Junior Subordinated Debentures shall be sufficient if made in the following manner: (a) The fact and date of the execution by any such Person of any instrument may be proved in any reasonable manner acceptable to the Trustee. (b) The ownership of Junior Subordinated Debentures shall be proved by the Securities Register or by a certificate of the Securities Registrar thereof. (c) The Trustee may require such additional proof of any matter referred to in this Section as it shall deem necessary.

Appears in 2 contracts

Samples: Subordinated Indenture (Ozark Capital Trust), Subordinated Indenture (Bank of the Ozarks Inc)

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Proof of Execution by Securityholders. Subject to the provisions of Section 6.016.1, proof of the execution of any instrument by a Securityholder (such proof will not require notarization) or his agent or proxy and proof of the holding by any Person of any of the Junior Subordinated Debentures shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person of any instrument may be proved in any reasonable manner acceptable to the Trustee. (b) . The ownership of Junior Subordinated Debentures shall be proved by the Securities Register or by a certificate of the Securities Registrar thereof. (c) . The Trustee may require such additional proof of any matter referred to in this Section as it shall deem necessary.

Appears in 1 contract

Samples: Subordinated Indenture (CFB Capital Iv)

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