Common use of Proof of Execution by Securityholders Clause in Contracts

Proof of Execution by Securityholders. Subject to the provisions of Section 7.1, Section 7.2 and Section 9.6, proof of the execution of any instrument by a Securityholder or his agent or proxy shall be sufficient if made in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be reasonably satisfactory to the Trustee. The ownership of Securities shall be proved by the Security Register. The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.7. The Company may set a record date for purposes of determining the identity of Securityholders of Securities of any series entitled to vote or consent to or revoke any action referred to in Section 8.1, which record date may be set at any time or from time to time by notice to the Trustee, for any date or dates (in the case of any adjournment or reconsideration) not more than 60 days nor less than five days prior to the proposed date of such vote or consent, and thereafter, notwithstanding any other provisions hereof, with respect to Securities of any series, only Securityholders of Securities of such series of record on such record date shall be entitled to so vote or give such consent or revoke such vote or consent.

Appears in 2 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co)

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Proof of Execution by Securityholders. Subject to the provisions of Section 7.17.01, Section 7.2 7.02 and Section 9.69.06, proof of the execution of any instrument by a Securityholder or his agent or proxy shall be sufficient if made in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be reasonably satisfactory to the Trustee. The ownership of Securities shall be proved by the Security Register. The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.79.07 Section 9.07. The Company may set a record date for purposes of determining the identity of Securityholders of Securities of any series entitled to vote or consent to or revoke any action referred to in Section 8.18.01, which record date may be set at any time or from time to time by notice to the Trustee, for any date or dates (in the case of any adjournment or reconsideration) not more than 60 days nor less than five days prior to the proposed date of such vote or consent, and thereafter, notwithstanding any other provisions hereof, with respect to Securities of any series, only Securityholders of Securities of such series of record on such record date shall be entitled to so vote or give such consent or revoke such vote or consent.

Appears in 1 contract

Samples: Indenture (WPX Energy, Inc.)

Proof of Execution by Securityholders. Subject to the provisions of Section 7.1Sections 7.01, Section 7.2 7.02 and Section 9.69.06, proof of the execution of any instrument by a Securityholder or his agent or proxy shall be sufficient if made in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be reasonably satisfactory to the Trustee. The ownership of Securities shall be proved by the Security Registerregistry books of the Company. The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.79.07. The Company may set a record date for purposes of determining the identity of Securityholders holders of Securities of any series entitled to vote or consent to or revoke any action referred to in Section 8.18.01, which record date may be set at any time or from time to time by notice to the Trustee, for any date or dates (in the case of any adjournment or reconsideration) not more than 60 days nor less than five days prior to the proposed date of such vote or consent, and thereafter, notwithstanding any other provisions hereof, with respect to Securities of any series, only Securityholders holders of Securities of such series of record on such record date shall be entitled to so vote or give such consent or revoke such vote or consent.

Appears in 1 contract

Samples: Indenture (Hecla Mining Co/De/)

Proof of Execution by Securityholders. Subject to the provisions requirements of Section 7.1, Section 7.2 315 of the Trust Indenture Act of 1939 and Section 9.6Sections 7.01 and 9.05, proof of the execution of any instrument by a Securityholder or his agent or proxy shall be sufficient if made in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be reasonably satisfactory to the Trustee. The ownership of Securities shall be proved by the Security Register. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.79.06. The Company may set a record date for purposes of determining the identity of Securityholders of Securities holders of any series of Securities entitled to vote or consent to or revoke any action referred to in Section 8.18.01, which record date may be set at any time or from time to time by notice to the Trustee, for any date or dates (in the case of any adjournment or reconsideration) not more than 60 days nor less than five days prior to the proposed date of such vote or consent, and thereafter, notwithstanding any other provisions hereof, with respect to Securities any series of any seriesSecurities, only Securityholders holders of Securities of such series of record on such record date shall be entitled to so vote or give such consent or revoke such vote or consent.

Appears in 1 contract

Samples: General Electric (General Electric Capital Corp)

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Proof of Execution by Securityholders. Subject to the provisions of Section 7.1Sections 7.01, Section 7.2 7.02 and Section 9.69.06, proof of the execution of any instrument by a Securityholder or his agent or proxy shall be sufficient if made in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be reasonably satisfactory to the Trustee. The ownership of Securities shall be proved by the Security Registerregistry books of the Company. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.79.07. The Company may set a record date for purposes of determining the identity of Securityholders holders of Securities of any series entitled to vote or consent to or revoke any action referred to in Section 8.18.01, which record date may be set at any time or from time to time by notice to the Trustee, for any date or dates (in the case of any adjournment or reconsideration) not more than 60 days nor less than five days prior to the proposed date of such vote or consent, and thereafter, notwithstanding any other provisions hereof, with respect to Securities of any series, only Securityholders holders of Securities of such series of record on such record date shall be entitled to so vote or give such consent or revoke such vote or consent.

Appears in 1 contract

Samples: Indenture (Pico Holdings Inc /New)

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