Common use of Quorum; Action Clause in Contracts

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Solectron Corp

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Quorum; Action. The presence of Persons entitled to vote a majority holding Notes in an aggregate principal amount of sufficient to take action upon the Outstanding Securities matter for which such meeting was called shall constitute a quorumquorum for a meeting of Holders. In the absence of a quorum within 30 minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesHolders, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(111.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities Notes that shall constitute a quorum. Subject A resolution presented to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the foregoing, at affirmative vote of the reconvening of any meeting adjourned for a lack Holders of a quorum, the Persons entitled to vote 25% majority in principal amount of the Outstanding Securities Notes; provided, however, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other Act which this Indentures expressly provides may be made, given or taken by the Holders of a specified percentage, which is less or more than a majority in principal amount of the Notes may be adopted at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority such specified percentage in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingNotes. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Notes duly held in accordance with this Section shall be binding on all the Holders of Securities Holders, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Northern Border Partners Lp

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Anadigics Inc

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed -62- or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Analog Devices Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Epix Medical Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities of the applicable series shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesSecurities of such series, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 9.2(113.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at At the reconvening of any meeting adjourned for a lack of a quorumquorum pursuant to the preceding paragraph, the Persons entitled to vote 25% in principal amount of the Outstanding Securities of the applicable series at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of the original meeting. Notice of the reconvening of a meeting adjourned for lack of a quorum shall state expressly the percentage of the principal amount of the Outstanding Securities of such meetingseries which shall constitute a quorum. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote8.2) shall be effectively passed and decided if passed or decided by the Persons entitled to vote not less than the lesser of (i) a majority in principal amount of Outstanding Securities of the applicable series and (ii) 66 2/3% in principal amount of Outstanding Securities of such series represented and voting at such meeting; provided, however, that any resolution with respect to any request, demand, authorization, direction, notice, consent, election, waiver or other Act which this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid by the affirmative vote of the lesser of (i) the Holders of not less than a majority such specified 84 93 percentage in principal amount of the Outstanding Securities of such series and (ii) the Persons entitled to vote not less than 66?% a majority in principal amount of the Outstanding Securities of such series represented and entitled to vote voting at such meeting or adjourned meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities of any series issuable as Bearer Securities duly held in accordance with this Section shall be binding on all the Holders of Securities of such series and interest coupons, whether or not present or represented at the meeting. The Trustee shallIn the event that any meeting shall be adjourned for lack of a quorum or that, in the name and at the expense of the Companyany meeting at which a quorum is present, notify all any proposed resolution or decision shall not be passed or taken because the Holders of the percentage of Outstanding Securities of any series issuable as Bearer Securities needed to approve such resolutions resolution or decisions pursuant decision did not vote in favor of such resolution or decision, the principal amount of Outstanding Securities of such series represented at such meeting and voting in favor of such resolution or decision may be counted for purposes of calculating whether the consent of the Holders of the percentage of Outstanding Securities of such series needed in order to Section 1.6make, give or take any request, demand, authorization, direction, notice, consent, election, waiver or other action has been obtained, and such vote shall constitute the consent thereto of such Holders.

Appears in 1 contract

Samples: Senior Indenture (Allied Waste Industries Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Sports Authority Inc /De/

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1)12.02, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities outstanding Notes at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (action or matter, except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) otherwise specified herein, shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities outstanding Notes represented and entitled to vote voting at such meeting. Any resolution action or matter passed or decisions decision taken at any meeting of Holders of Securities Notes duly held in accordance with this Section 12.05 shall be binding on all the Holders of Securities Notes, whether or not present or represented at the meeting. The SECTION 12.06. Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee shallmay make such reasonable regulations as it may deem advisable for any action by or any meeting of Holders, in the name and at the expense regard to proof of the Companyholding of Notes and of the appointment of proxies, notify all and in regard to the Holders appointment and duties of Securities inspectors of any votes, and submission and examination of proxies, certificates and other evidence of the right to vote, and such resolutions or decisions pursuant to Section 1.6.other matters concerning the conduct of the meeting as it will think appropriate. Such regulations may fix a record date and time for EXHIBIT 4.17

Appears in 1 contract

Samples: Acme Metals Inc /De/

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount at Stated Maturity of the Outstanding Securities outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned reconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(113.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount at Stated Maturity of the Outstanding Securities that outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount at Stated Maturity of the Outstanding Securities outstanding Notes at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote10.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount at Stated Maturity of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities Notes duly held in accordance with this Section shall be binding on all the Holders of Securities Notes, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities Notes of any such resolutions or decisions pursuant to Section 1.614.02.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities Debentures shall constitute a quorum for a meeting of Holders of Debentures; provided, however, that if any action is to be taken at such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of a specified percentage in aggregate principal amount of Outstanding Debentures that is less or greater than a majority in principal amount of the Outstanding Debentures, then, with respect to such action (and only such action) the Persons entitled to vote such lesser or greater percentage in principal amount of the Outstanding Debentures shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesDebentures, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(110.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that outstanding Debentures which shall constitute a quorum. Subject to Notwithstanding the foregoing, at no meeting of Holders with respect to Debentures all or a part of which are represented by a Book Entry Debenture, shall be adjourned to a date more than 90 days after the reconvening record date for such meeting unless the Trustee shall send out a new notice of any meeting adjourned and establish, in accordance with Section 10.3, a new record date for a lack of a quorum, the Persons Holders entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At Except as limited by the proviso to Section 11.2, any resolution presented to a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaidaforesaid may be adopted by the affirmative vote of the Holders of a majority in principal amount of the Outstanding Debentures; provided, any resolution and all matters (however, that, except as limited by the proviso to Section 8.2 and except 11.2, any resolution with respect to the extent Section 10.12 requires a different vote) shall any consent or waiver which this Indenture expressly provides may be effectively passed and decided if passed or decided given by the lesser of (i) the Holders of not a specified percentage in aggregate principal amount of Outstanding Debentures that is less or greater than a majority in principal amount of the Outstanding Securities Debentures may be adopted at a meeting or an adjourned meeting duly convened and (ii) at which a quorum is present as aforesaid only by the Persons entitled to affirmative vote not less than 66?% of the Holders of such specified percentage in principal amount of the Outstanding Securities represented and entitled to vote at such meetingDebentures. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Debentures duly held in accordance with this Section shall be binding on all the Holders of Securities Debentures, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Exchange Agreement (Insignia Financial Group Inc /De/)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities then outstanding Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesHolders, be dissolved. In any other case, the meeting 45 may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(18.02(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that then outstanding Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities then outstanding Notes at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by other than a covenant or condition which under Section 9.02 cannot be modified or amended without the proviso to Section 8.2 and except to consent of the extent Section 10.12 requires a different voteHolder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities then outstanding Notes and (ii) the Persons entitled to vote not less than 66?% 66-?% in principal amount of the Outstanding Securities then outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to in accordance with Section 1.612.02.

Appears in 1 contract

Samples: Community Health Systems Inc/

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the 66 time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Alcatel Usa Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that Notes which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities Notes at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities Notes and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities Notes duly held in accordance with this Section shall be binding on all the Holders of Securities Notes whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities Notes of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (American Greetings Corp)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned reconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote8.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in aggregate principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Veritas Software Corp

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities Notes shall constitute a quorumquorum for a meeting of Holders of Notes. In the absence of a quorum within 30 minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(114.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that Notes which shall constitute a quorum. Subject Except as limited by the proviso to the foregoingSection 9.2, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled resolution presented to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid may be adopted only by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingNotes. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Notes duly held in accordance with this Section shall be binding on all the Holders of Securities Notes, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Great Ajax Corp.)

Quorum; Action. The Persons persons entitled to vote a majority in principal amount of the Outstanding Securities outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesHolders, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1)9.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that outstanding Notes which shall constitute a quorum. Subject Except as limited by Section 9.3 of the Base Indenture, any resolution presented to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the foregoing, at affirmative vote of the reconvening of any meeting adjourned for a lack Holders of a quorum, the Persons entitled to vote 25% majority in principal amount of the Outstanding Securities outstanding Notes; provided, however, that, except as limited by Section 9.3 of the Base Indenture, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority such specified percentage in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingoutstanding Notes. Any resolution passed or decisions decision taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders of Securities Holders, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Excel Trust, L.P.

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(17.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote6.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% a majority in aggregate principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities and coupons, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.61.06.

Appears in 1 contract

Samples: Indenture (Macerich Co)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 10.8 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66 2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Cogent Communications Group Inc

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice Except as provided in Section 905(d), notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1902(a), except that such notice need only be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote802) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% two-thirds in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6105.

Appears in 1 contract

Samples: Atlas Corp

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(11702(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 902 and except to the extent Section 10.12 1010 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6106.

Appears in 1 contract

Samples: Reconciliation And (Mindspring Enterprises Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given by the Company as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 5.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66 2/3% in aggregate principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, pursuant to a Company Order setting forth the action taken, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Collegiate Pacific Inc

Quorum; Action. The Persons entitled to vote a majority in principal amount Holders representing not less than 25% of the Outstanding Securities aggregate Liquidation Amount of all of the then outstanding Senior Preferred Shares shall constitute a quorumquorum for a meeting of Holders of Senior Preferred Shares. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesSenior Preferred Shares, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1)11.2.1, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at At the reconvening of any meeting adjourned for a lack of a quorum, the Persons Holders of Senior Preferred Shares entitled to vote 25% at such meeting present in principal amount of the Outstanding Securities at the time person or by proxy shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of the original meeting. Except as limited by the proviso to Section 8.2, any resolution presented to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted by the affirmative vote of the Holders representing not less than a majority of the aggregate Liquidation Amount of Senior Preferred Shares represented at such meeting in person or by proxy and voting at such meeting. At ; provided, however, that any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which this Guarantee expressly provides may be made, given or taken by the Holders of a specified percentage which is more or less than a majority of the aggregate Liquidation Amount of all of the then outstanding Senior Preferred Shares, the same may be adopted at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority in principal amount such specified percentage of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount aggregate Liquidation Amount of all of the Outstanding Securities then outstanding Senior Preferred Shares represented at such meeting in person or by proxy and entitled to vote voting at such meeting. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Senior Preferred Shares duly held in accordance with this Section shall be binding on all the Holders of Securities Senior Preferred Shares, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Guarantee (Brookfield Infrastructure Partners L.P.)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned reconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote8.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in aggregate principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the 74 84 expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Orbital Sciences Corp /De/)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingSecurities. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Mercury Computer Systems Inc)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five 5 days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66 2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Realnetworks Inc

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting 74 shall be given as provided in Section 9.2(110.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote9.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66 2/3% in aggregate principal amount of the Outstanding Securities represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Aspen Technology Inc /De/

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(115.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 9.2 and except to the extent Section 10.12 10.8 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Advanced Energy Industries Inc

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities Notes shall constitute a quorum for a meeting of Holders of Notes; provided however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the Outstanding Notes, the Persons holding or representing the specified percentage in principal amount of the Outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(11502(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that Notes which shall constitute a quorum. Subject Except as limited by the proviso to Section 902, any resolution presented to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the foregoing, at affirmative vote of the reconvening of any meeting adjourned for a lack Holders of a quorum, the Persons entitled to vote 25% majority in principal amount of the Outstanding Securities Notes; provided, however, that, except as limited by the proviso to Section 902, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other Act which this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the Outstanding Notes may be adopted at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority such specified percentage in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingNotes. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Notes duly held in accordance with this Section shall be binding on all the Holders of Securities Notes, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Sl Green Realty Corp)

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Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities Notes shall constitute a quorum for a meeting of Holders of Notes; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the Outstanding Notes, the Persons holding or representing the specified percentage in principal amount of the Outstanding Notes will constitute a quorum. In the absence of a quorum within 30 minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1)14.02, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that Notes which shall constitute a quorum. Subject Except as limited by the proviso to Section 9.02, any resolution presented to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the foregoing, at affirmative vote of the reconvening of any meeting adjourned for a lack Holders of a quorum, the Persons entitled to vote 25% majority in principal amount of the Outstanding Securities Notes; provided, however, that, except as limited by the proviso to Section 9.02, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which this Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the Outstanding Notes may be adopted at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority such specified percentage in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingNotes. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Notes duly held in accordance with this Section 14.04 shall be binding on all the Holders of Securities Notes, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (GLG Partners, Inc.)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned reconvened meeting, such adjourned reconvened meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned reconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.02(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote8.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in aggregate principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.61.06.

Appears in 1 contract

Samples: Ventro Corp

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of the all Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66"% in aggregate principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Atmi Inc

Quorum; Action. The Persons entitled to vote a majority in -------------- principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66- 2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Exodus Communications Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. 105 118 Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote8.2) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in aggregate principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities and coupons, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Baan Co N V

Quorum; Action. The Persons persons entitled to vote a majority in principal amount of the Outstanding Securities outstanding Notes shall constitute a quorum for a meeting of Holders; provided, however, that if any action is to be taken at the meeting with respect to a consent or waiver which may be given by the Holders of not less than a specified percentage in principal amount of the outstanding Notes, the persons holding or representing the specified percentage in principal amount of the outstanding Notes will constitute a quorum. In the absence of a quorum within 30 thirty (30) minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesHolders, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 ten (10) days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1)9.2 hereof, except that such notice need be given only once not less than five (5) days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that outstanding Notes which shall constitute a quorum. Subject Except as limited by the proviso to Section 8.2 hereof, any resolution presented at a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the foregoing, at affirmative vote of the reconvening of any meeting adjourned for a lack Holders of a quorum, the Persons entitled to vote 25% majority in principal amount of the Outstanding Securities outstanding Notes; provided, however, that, except as limited by the proviso to Section 8.2 hereof, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other action which the Indenture expressly provides may be made, given or taken by the Holders of a specified percentage, which is less than a majority, in principal amount of the outstanding Notes may be adopted at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority such specified percentage in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingoutstanding Notes. Any resolution passed or decisions decision taken at any meeting of Holders of Securities duly held in accordance with this Section 9.4 shall be binding on all the Holders of Securities Holders, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Digital Realty (Digital Realty Trust, L.P.)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(11302(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote902) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66 2/3% in aggregate principal amount of the Outstanding Securities represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities Securities, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Staples Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities of a series shall constitute a quorum for a meeting or duly reconvened meeting of Holders of Securities of such series; provided, however, that if any action is to be taken at such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of at least a specified percentage in aggregate principal amount of the Outstanding Securities of a series, which is more or less than a majority, the Persons entitled to vote such specified percentage in aggregate principal amount of the Outstanding Securities of such series shall constitute a quorum. In the absence of a quorum within 30 minutes of after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesSecurities of such series, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(11402(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the aggregate principal amount of the Outstanding Securities that of such series which shall constitute a quorum. Subject Except as limited by the proviso to the foregoingfirst paragraph of Section 902, any resolution presented to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the reconvening affirmative vote of any meeting adjourned for the Holders of at least a lack of a quorum, the Persons entitled to vote 25% majority in aggregate principal amount of the Outstanding Securities of that series; provided, however, that, except as limited by the proviso to the first paragraph of Section 902, any resolution with respect to any request, demand, authorization, direction, notice, consent, waiver or other Act which this Indenture expressly provides may be made, given or taken by the Holders of at least a specified percentage, which is less or more than a majority, in aggregate principal amount of the time shall constitute Outstanding Securities of a quorum for any subsequent adjournment of such meeting. At series may be adopted at a meeting or an adjourned meeting duly reconvened convened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited aforesaid only by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority at least that specified percentage in aggregate principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingthat series. Any resolution passed or decisions decision taken at any meeting of Holders of Securities of any series duly held in accordance with this Section shall be binding on all the Holders of Securities of such series and the Coupons appertaining thereto, if any, whether or not such Holders were present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Mid-America Apartments, L.P.)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorumquorum for a meeting of Holders of Securities. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.02(1), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote8.02) shall be effectively passed and decided if passed or decided by the lesser affirmative vote of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities represented and entitled to vote at such meetingSecurities. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.61.06.

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum uqorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(115.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 9.2 and except to the extent Section 10.12 10.8 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Advanced Energy Industries Inc

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities Debentures shall constitute a quorum for a meeting of Holders of Debentures; provided, however, that if any action is to be taken at such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of a specified percentage in aggregate principal amount of Outstanding Debentures that is less or greater than a majority in principal amount of the Outstanding Debentures, then, with respect to such action (and only such action) the Persons entitled to vote such lesser or greater percentage in principal amount of the Outstanding Debentures shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesDebentures, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(110.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that outstanding Debentures which shall constitute a quorum. Subject to Notwithstanding the foregoing, at no meeting of Holders with respect to Debentures which is represented in whole or in part by a Book-Entry Debenture, shall be adjourned to a date more than 90 days after the reconvening record date for such meeting unless the Trustee shall send out a new notice of any meeting adjourned and establish, in accordance with Section 10.3, a new record date for a lack of a quorum, the Persons Holders entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At Except as limited by the proviso to Section 11.2, any resolution presented to a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaidaforesaid may be adopted by the affirmative vote of the Holders of a majority in principal amount of the Outstanding Debentures; provided, any resolution and all matters (however, that, except as limited by the proviso to Section 8.2 and except 11.2, any resolution with respect to the extent Section 10.12 requires a different vote) shall any consent or waiver which this Indenture expressly provides may be effectively passed and decided if passed or decided given by the lesser of (i) the Holders of not a specified percentage in aggregate principal amount of Outstanding Debentures that is less or greater than a majority in principal amount of the Outstanding Securities Debentures may be adopted at a meeting or an adjourned meeting duly convened and (ii) at which a quorum is present as aforesaid only by the Persons entitled to affirmative vote not less than 66?% of the Holders of such specified percentage in principal amount of the Outstanding Securities represented and entitled to vote at such meetingDebentures. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Debentures duly held in accordance with this Section shall be binding on all the Holders of Securities Debentures, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (Insignia Financing I)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.2(l), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and or (ii) the Persons entitled to vote Holders of not less than 66?% 66-2/3% in aggregate principal amount of the Outstanding Securities represented and entitled to vote present at such meetingany given meeting at which a quorum is present. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Amerisource Health Corp/De

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities outstanding Debentures shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders holders of SecuritiesDebentures, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1)10.02, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that outstanding Debentures which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities outstanding Debentures at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At Except as otherwise provided by the Trust Indenture Act, after this Indenture is qualified thereunder, at a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso provisos to Section 8.2 and except to the extent Section 10.12 requires a different vote11.02) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities outstanding Debentures represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders holders of Securities Debentures duly held in accordance with this Section shall be binding on all the Holders holders of Securities Debentures, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders holders of Securities Debentures of any such resolutions or decisions pursuant to Section 1.610.05.

Appears in 1 contract

Samples: General Datacomm Industries Inc

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities Debentures shall constitute a quorum for a meeting of Holders of Debentures; provided, however, that if any action is to be taken at such meeting with respect to a consent or waiver which this Indenture expressly provides may be given by the Holders of a specified percentage in aggregate principal amount of Outstanding Debentures that is less or greater than a majority in principal amount of the Outstanding Debentures, then, with respect to such action (and only such action) the Persons entitled to vote such lesser or greater percentage in principal amount of the Outstanding Debentures shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesDebentures, be dissolved. In any other case, case the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(110.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage percentage, as provided above, of the principal amount of the Outstanding Securities that outstanding Debentures which shall constitute a quorum. Subject to Notwithstanding the foregoing, at no meeting of Holders with respect to Debentures which is represented in whole or in part by a Book-Entry Debenture, shall be adjourned to a date more than 90 days after the reconvening record date for such meeting unless the Trustee shall send out a new notice of any meeting adjourned and establish, in accordance with Section 10.3, a new record date for a lack of a quorum, the Persons Holders entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for any subsequent adjournment of such meeting. At Except as limited by the proviso to Section 11.2, any resolution presented to a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaidaforesaid may be adopted by the affirmative vote of the Holders of a majority in principal amount of the Outstanding Debentures; provided, any resolution and all matters (however, that, except as limited by the proviso to Section 8.2 and except 11.2, any resolution with respect to the extent Section 10.12 requires a different vote) shall any consent or waiver which this Indenture expressly provides may be effectively passed and decided if passed or decided given by the lesser of (i) the Holders of not a specified percentage in aggregate principal amount of Outstanding Debentures that is less or greater than a majority in principal amount of the Outstanding Securities Debentures may be adopted at a meeting or an 52 58 adjourned meeting duly convened and (ii) at which a quorum is present as aforesaid only by the Persons entitled to affirmative vote not less than 66?% of the Holders of such specified percentage in principal amount of the Outstanding Securities represented and entitled to vote at such meetingDebentures. Any resolution passed or decisions decision taken at any meeting of Holders of Securities Debentures duly held in accordance with this Section shall be binding on all the Holders of Securities Debentures, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Qualicomm Financial Trust I

Quorum; Action. The presence of Persons entitled to vote a majority in aggregate principal amount of the Outstanding Securities Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given by the Company as provided in Section 9.2(1)12.2(1) of this Supplemental Indenture, except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Outstanding Securities Notes that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities Notes at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 11.2 of this Supplemental Indenture and except to the extent Section 10.12 513 of the Indenture requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of either (i) the written consent of Holders of not less than a majority in aggregate principal amount of the Outstanding Securities and Notes, or (ii) the Persons entitled to vote not less than 66?% 66 2/3% in aggregate principal amount of the Outstanding Securities Notes represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities Notes duly held in accordance with this Section shall be binding on all the Holders of Securities Notes whether or not present or represented at the meeting. The Trustee shall, pursuant to a Company Order setting forth the action taken, in the name and at the expense of the Company, notify all the Holders of Securities Notes of any such resolutions or decisions pursuant to Section 1.6106 of the Indenture.

Appears in 1 contract

Samples: And (Franklin Bank Corp)

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities Notes shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of SecuritiesNotes, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence)meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(1)8.2(a) hereof, except that such notice need be given only once and not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities Notes at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of the original meeting. Notice of such meetingreconvening of an adjourned meeting shall expressly state such percentage of the principal amount of the Outstanding Notes which shall constitute a quorum. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 requires a different vote7.2 hereof) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of Persons entitled to vote not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% in principal amount of the Outstanding Securities Notes represented and entitled to vote voting at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities Notes duly held in accordance with this Section shall be binding on all the Holders of Securities Notes, whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Radisys Corp

Quorum; Action. The Persons entitled to vote a majority in principal amount of the Outstanding Securities shall constitute a quorum. In the absence of a quorum within 30 minutes of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Securities, be dissolved. In any other case, the meeting may be adjourned for a period of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be further adjourned for a period not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 9.2(19.2(a), except that such notice need be given only once not less than five days prior to the date on which the meeting is scheduled to be reconvened. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the principal amount of the Outstanding Securities that which shall constitute a quorum. Subject to the foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% in principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any subsequent adjournment action set forth in the notice of such the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso to Section 8.2 and except to the extent Section 10.12 10.13 requires a different vote) shall be effectively passed and decided if passed or decided by the lesser of (i) the Holders of not less than a majority in principal amount of the Outstanding Securities and (ii) the Persons entitled to vote not less than 66?% 66-2/3% in principal amount of the Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decisions taken at any meeting of Holders of Securities duly held in accordance with this Section shall be binding on all the Holders of Securities whether or not present or represented at the meeting. The Trustee shall, in the name and at the expense of the Company, notify all the Holders of Securities of any such resolutions or decisions pursuant to Section 1.6.

Appears in 1 contract

Samples: Indenture (DSC Communications Corp)

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