Common use of Proof of Execution of Instruments and of Holding of Securities; Record Date Clause in Contracts

Proof of Execution of Instruments and of Holding of Securities; Record Date. Subject to Sections 5.1 and 5.2, the execution of any instrument by a securityholder or his agent or proxy may be proved in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be satisfactory to the Trustee. The holding of Securities shall be proved by the Security register or by a certificate of the Registrar thereof. The Issuers may set a record date for purposes of determining the identity of holders of Securities entitled to vote or consent to any action referred to in Section 6.1, 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 resolicitation) 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, only holders of Securities of record on such record date shall be entitled to so vote or give such consent or to withdraw such vote or consent.

Appears in 2 contracts

Samples: Indenture (Advantica Restaurant Group Inc), Indenture (Dennys Holdings Inc)

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Proof of Execution of Instruments and of Holding of Securities; Record Date. Subject to Sections 5.1 Section 6.1 and 5.2Section 6.2 hereof, the execution of any instrument by a securityholder Securityholder or his agent or proxy may be proved provided in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be satisfactory to the Trustee. The holding of Securities shall be proved provided by the Security register Securities Register or by a certificate of the Security Registrar thereof. The Issuers Issuer may set a record date for purposes of determining the identity of holders Holders of Securities entitled to vote or consent to any action referred to in Section 6.17.1 hereof, which record date may be set at any time or from time to time by notice to the Trustee, Trustee for any date or dates (in the case of any adjournment or resolicitation) 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, only holders Holders of Securities of record on such record date shall be entitled to so vote or give such consent or to withdraw such vote or consent.

Appears in 2 contracts

Samples: Indenture (NRG Energy Inc), Indenture (NRG Energy Inc)

Proof of Execution of Instruments and of Holding of Securities; Record Date. Subject to Sections 5.1 and 5.2, the execution of any instrument by a securityholder Securityholder or his or her agent or proxy may be proved in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be satisfactory to the Trustee. The holding of Securities shall be proved by the Security register or by a certificate of the Registrar registrar thereof. The Issuers Issuer may set a record date for purposes of determining the identity of holders Holders of Securities of any series entitled to vote or consent to any action referred to in Section 6.1, 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 resolicitationreconsideration) 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, only holders Holders of Securities of such series of record on such record date shall be entitled to so vote or give such consent or to withdraw revoke such vote or consent.

Appears in 1 contract

Samples: Indenture (Crane Co /De/)

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Proof of Execution of Instruments and of Holding of Securities; Record Date. Subject to Sections 5.1 Sections5.1 and 5.2, the execution of any instrument by a securityholder Securityholder or his agent or proxy may be proved in accordance with such reasonable rules and regulations as may be prescribed by the Trustee or in such manner as shall be satisfactory to the Trustee. The holding of Securities shall be proved by the Security register or by a certificate of the Registrar registrar thereof. The Issuers Issuer may set a record date for purposes of determining the identity of holders of Securities of any series entitled to vote or consent to any action referred to in Section 6.1, 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 resolicitationreconsideration) 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, only holders of Securities of such series of record on such record date shall be entitled to so vote or give such consent or to withdraw such vote or consent.

Appears in 1 contract

Samples: Crane Co /De/

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