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

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s agent or proxy and proof of the holding by any Person of any of the Securities 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 Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person as a Securityholder unless and until such Person’s title to the Securities held by it is proved in the manner in this Article Eight provided. The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 7 contracts

Samples: Senior Indenture (Achieve Life Sciences, Inc.), Senior Indenture (Biolife Solutions Inc), Senior Indenture (Oncogenex Pharmaceuticals, Inc.)

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Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s 's agent or proxy and proof of the holding by any Person of any of the Securities 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 Securities of any series (including Registered Global Securities) shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person as a Securityholder unless and until such Person’s 's title to the Securities held by it is proved in the manner in this Article Eight provided. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 5 contracts

Samples: Senior Indenture (Lexar Media Inc), Senior Indenture (Handspring Inc), Senior Indenture (Transmeta Corp)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.017.1, 7.02 7.2 and 9.059.5, proof of the execution of any instrument by a Securityholder or such Holder’s his agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the Trustee; (b) . The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s title to the Securities held by it him is proved in the manner in this Article Eight provided. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.069.6. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 3 contracts

Samples: Indenture (Markel Corp), Indenture (Consolidated Natural Gas Co/Va), Indenture (Dominion CNG Capital Trust Ii)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.017.1, 7.02 7.2 and 9.059.5, proof of the execution of any instrument by a Securityholder or such Holder’s his agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the Trustee; (b) . The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s title to the Securities held by it him is proved in the manner in this Article Eight provided. The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.069.6. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Dominion Resources Inc /Va/), Junior Subordinated Indenture (Laclede Gas Co)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s his agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the Trustee; (b) . The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s the title to the Securities held by it him is proved in the manner in this Article Eight VIII provided. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 2 contracts

Samples: Indenture (Bear Stearns Companies Inc), Indenture (Bear Stearns Capital Trust V)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s his agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the Trustee; (b) . The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s title to the Securities held by it him is proved in the manner in this Article Eight provided. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 2 contracts

Samples: Indenture (Aon PLC), Indenture (Aon Corp)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s his agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the Trustee; (b) . The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s title to the Securities held by it him is proved in the manner in this Article Eight provided. The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 1 contract

Samples: Indenture (Aon Corp)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s agent or proxy and proof of the holding by any Person of any of the Securities 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 Securities of any series (including Registered Global Securities) shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person as a Securityholder unless and until such Person’s title to the Securities held by it is proved in the manner in this Article Eight provided. The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 1 contract

Samples: Senior Indenture (Covad Communications Group Inc)

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Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.017.1, 7.02 7.2 and 9.059.5, proof of the execution of any instrument by a Securityholder or such Holder’s his agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the Trustee; (b) . The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s title to the Securities held by it him is proved in the manner in this Article Eight VIII provided. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.069.6. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 1 contract

Samples: Indenture (Energy East Capital Trust Ii)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s 's agent or proxy and proof of the holding by any Person of any of the Securities 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 Securities of any series Series (including Global Securities) shall be proved by the Register of such Securities of such seriesSeries, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person as a Securityholder unless and until such Person’s 's title to the Securities held by it is proved in the manner in this Article Eight provided. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 1 contract

Samples: Senior Indenture (Ati Financing Ii)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.017.1, 7.02 7.2 and 9.059.5, proof of the execution of any instrument by a Securityholder or such Holder’s its agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the TrusteeTrustees; (b) The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. ; (c) The Trustee Trustees shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s title to the Securities held by it him is proved in the manner in this Article Eight VIII provided. ; (d) The record of any Securityholders’ meeting shall be proved in the manner provided in Section 9.06. 9.6; and (e) The Trustee Trustees may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 1 contract

Samples: Senior Indenture (Algonquin Power & Utilities Corp.)

Proof of Execution of Instruments and of Holding of Securities. Subject to the provisions of Sections 7.01, 7.02 and 9.05, proof of the execution of any instrument by a Securityholder or such Holder’s his agent or proxy and proof of the holding by any Person person of any of the Securities shall be sufficient if made in the following manner: (a) : The fact and date of the execution by any such Person person of any instrument may be proved in any reasonable manner acceptable to the Trustee; (b) . The ownership of Securities of any series shall be proved by the Register of such Securities of such series, or by certificates of the Security registrar or registrars thereof. The Trustee shall not be bound to recognize any Person person as a Securityholder unless and until such Person’s this title to the Securities held by it him is proved in the manner in this Article Eight provided. The record of any Securityholders' meeting shall be proved in the manner provided in Section 9.06. The Trustee may accept such other proof or require such additional proof of any matter referred to in this Section 8.02 as it shall deem reasonable.

Appears in 1 contract

Samples: Indenture (Wells Fargo Capital Iii)

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