Common use of Quorum; Action Clause in Contracts

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes shall constitute a quorum for a meeting of Holders of Notes. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, of the principal amount of the Outstanding Notes which shall constitute a quorum. 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 affirmative vote of the Holders of a majority in aggregate principal amount of the Outstanding Notes. Any resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 3 contracts

Samples: Indenture (New York Mortgage Trust Inc), Indenture (Ellington Financial LLC), Indenture (Ellington Financial LLC)

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Quorum; Action. The Persons entitled to vote a majority in aggregate -------------- principal amount of the Outstanding Notes Securities of a series shall constitute a quorum for a meeting of Holders of NotesSecurities of such series except as provided pursuant to Section 2.1. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities of such series, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(1)10.2, 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. Subject to the foregoing, at the reconvening of any such further adjourned meeting, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities of such series shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. Notice of the reconvening of an adjourned meeting which was adjourned for lack of a quorum shall state expressly the percentage, as provided above, of the principal amount of the Outstanding Notes Securities of such series which shall constitute a quorum. Except as limited by Section 6.6 and the proviso to Section 90210.2, and subject to the provisions described in the next succeeding paragraph, 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 affirmative vote of the lesser of (i) the Holders of a majority in aggregate principal amount of the Outstanding NotesSecurities of that series and (ii) 66 2/3% in principal amount of Outstanding Securities of such series represented and voting at such meeting or adjourned meeting; provided, however, that 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 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 such specified percentage in principal amount of the Outstanding Securities of that series and (ii) a majority in principal amount of Securities of such series represented and voting at such meeting or adjourned meeting. Any resolution passed or decision taken at any meeting of Holders of Notes Securities of any series duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities of such series and the related Coupons, whether or not such Holders were present or represented at the meeting. With respect to any consent, waiver or other action which this Indenture expressly provides may be given by the Holders of a specified percentage of Outstanding Securities of all series affected thereby (acting as one class), only the principal amount of Outstanding Securities of any series represented at a meeting or adjourned meeting duly reconvened at which a quorum is present, held in accordance with this Section, and voting in favor of such action, shall be counted for purposes of calculating the aggregate principal amount of Outstanding Securities of all series affected thereby favoring such action.

Appears in 3 contracts

Samples: Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Corp), Multiple Series Indenture (Usx Capital Trust I)

Quorum; Action. The presence of Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (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 1402(19.2(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, as provided above, percentage of the aggregate principal amount of the Outstanding Notes which Securities that shall constitute a quorum. Except 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 action set forth in the notice of 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 902, any resolution presented 8.2 and except to the extent Section 5.13 requires a meeting different vote) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by either (i) the affirmative vote written consent of the Holders of not less than a majority in aggregate principal amount of Outstanding Securities, or (ii) the Persons entitled to vote not less than 66 2/3% in aggregate principal amount of Outstanding NotesSecurities represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities whether or not such Holders were 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 3 contracts

Samples: Indenture (Alesco Financial Inc), Indenture (Privatebancorp, Inc), Indenture (Oil States International Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Debentures shall constitute a quorum for a meeting of Holders of NotesHolders. In the absence of a quorum within 30 minutes after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesHolders, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(113.02(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, as provided above, of the principal amount of the Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 9028.02, 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 affirmative vote of the Holders of a majority in aggregate principal amount of the Outstanding NotesDebentures, provided, however, that, except as limited by the proviso to Section 8.02, 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 Debentures 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 Holders of such specified percentage in principal amount of the Outstanding Debentures. Any resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section 13.04 shall be binding on all the Holders of NotesHolders, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Samples: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities of a series shall constitute a quorum for a meeting or duly reconvened meeting of Holders of NotesSecurities 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 after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, of the aggregate principal amount of the Outstanding Notes Securities of such series which shall constitute a quorum. Except as limited by the proviso to the first 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 affirmative vote of the Holders of at least a majority in aggregate principal amount of the Outstanding NotesSecurities 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 Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly convened and at which a quorum is present as aforesaid only by the affirmative vote of the Holders of at least that specified percentage in aggregate principal amount of the Outstanding Securities of that series. Any resolution passed or decision taken at any meeting of Holders of Notes Securities of any series duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities of such series and the Coupons appertaining thereto, if any, and the related Guarantees, if any endorsed on the certificates evidencing the Securities of such series, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

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

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities of a series shall constitute a quorum for a meeting of Holders holders of Notessecurities of such series. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities of such series, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes Securities of such series which shall constitute a quorum. Except 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 902, any resolution presented to a meeting ) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative Persons entitled to vote of the Holders of not less than a majority in aggregate principal amount of Outstanding Securities of the Outstanding Notesseries. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities of such series duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities of such series, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount Principal Amount of the Outstanding outstanding Notes shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(18.02(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, as provided above, percentage of the principal amount aggregate Principal Amount of the Outstanding outstanding Notes which shall constitute a quorum. Except as limited by Subject to the proviso foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to Section 902, vote 25% in aggregate Principal Amount of the outstanding Notes at the time shall constitute a quorum for the taking of any resolution presented to action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may aforesaid, any resolution and all matters (other than a covenant or condition which under Section 9.02 cannot be adopted only modified or amended without the consent of the Holder of each outstanding Note affected) shall be effectively passed and decided if passed or decided by the affirmative vote lesser of (i) the Holders of not less than a majority in aggregate principal amount Principal Amount of outstanding Notes and (ii) the Outstanding NotesPersons entitled to vote not less than 66-2/3% in aggregate Principal Amount of outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes, 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 Notes of any such resolutions or decisions pursuant to Section 12.02.

Appears in 2 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities of a given series shall constitute a quorum for with respect to a meeting of Holders holders of NotesOutstanding Securities of such series. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders holders of NotesSecurities of such series, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(1)8.07(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, as provided above, of the principal amount of the Outstanding Notes which shall constitute a quorum. Except as limited by the proviso to Section 902, any resolution presented to At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may be adopted only aforesaid, any resolution and all matters (except as limited by the affirmative proviso to the first paragraph of Section 9.02 hereof) shall be effectively passed and decided if passed or decided by the Persons entitled to vote of the Holders of not less than a majority in aggregate principal amount of the Outstanding NotesSecurities of a series represented and voting at such meeting with respect to a meeting of holders of Outstanding Securities of such series. Any resolution passed or decision decisions taken at any meeting of Holders holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders holders of NotesSecurities of such series, whether or not such Holders were present or represented at the meeting.

Appears in 2 contracts

Samples: Indenture (TC BioPharm (Holdings) PLC), Indenture (TC BioPharm (Holdings) PLC)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (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 1402(19.2(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, as provided above, percentage of the aggregate principal amount of the Outstanding Notes which Securities that shall constitute a quorum. Except 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 action set forth in the notice of 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 902, any resolution presented 8.2 and except to the extent Section 5.12 requires a meeting different vote) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative vote lesser of (i) the Holders of not less than a majority in aggregate principal amount of Outstanding Securities and (ii) the Persons entitled to vote not less than 66 2/3% in aggregate principal amount of Outstanding NotesSecurities represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities whether or not such Holders were 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: Indenture (Collegiate Pacific Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities of a series shall constitute a quorum for a meeting of Holders of NotesSecurities of such series except as provided pursuant to Section 2.1. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities of such series, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(1)10.2, 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. Subject to the foregoing, at the reconvening of any such further adjourned meeting, the Persons entitled to vote 25% in aggregate principal amount of the Outstanding Securities of such series shall constitute a quorum for the taking of any action set forth in the notice of the original meeting. Notice of the reconvening of an adjourned meeting which was adjourned for lack of a quorum shall state expressly the percentage, as provided above, of the principal amount of the Outstanding Notes Securities of such series which shall constitute a quorum. Except as limited by Section 6.6 and the proviso to Section 90210.2, and subject to the provisions described in the next succeeding paragraph, 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 affirmative vote of the lesser of (i) the Holders of a majority in aggregate principal amount of the Outstanding NotesSecurities of that series and (ii) 66 2/3% in principal amount of Outstanding Securities of such series represented and voting at such meeting or adjourned meeting; provided, however, that 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 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 such specified percentage in principal amount of the Outstanding Securities of that series and (ii) a majority in principal amount of Securities of such series represented and voting at such meeting or adjourned meeting. Any resolution passed or decision taken at any meeting of Holders of Notes Securities of any series duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities of such series and the related Coupons, whether or not such Holders were present or represented at the meeting. With respect to any consent, waiver or other action which this Indenture expressly provides may be given by the Holders of a specified percentage of Outstanding Securities of all series affected thereby (acting as one class), only the principal amount of Outstanding Securities of any series represented at a meeting or adjourned meeting duly reconvened at which a quorum is present, held in accordance with this Section, and voting in favor of such action, shall be counted for purposes of calculating the aggregate principal amount of Outstanding Securities of all series affected thereby favoring such action.

Appears in 1 contract

Samples: Subordinate Indenture (Gt Capital Trust Iv)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount at Stated Maturity of the Outstanding outstanding Notes shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, 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 meetingreconvened meeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount at Stated Maturity of the Outstanding outstanding Notes which shall constitute a quorum. Except 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 Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of 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 902, any resolution presented to a meeting 10.02) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative vote of the Holders of not less than a majority in aggregate principal amount at Stated Maturity of the Outstanding Notesoutstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of 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 Notes of any such resolutions or decisions pursuant to Section 14.02.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Quorum; Action. The presence of Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of Notes, 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 meetingmeeting (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 1402(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, as provided above, percentage of the aggregate principal amount of the Outstanding Notes which that shall constitute a quorum. Except 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 Notes at the time shall constitute a quorum for the taking of any action set forth in the notice of 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 902, any resolution presented 11.2 of this Supplemental Indenture and except to a meeting or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only by the affirmative vote extent Section 513 of the Indenture requires a different vote) shall be effectively passed and decided if passed or decided by either (i) the written consent of Holders of not less than a majority in aggregate principal amount of the Outstanding Notes, or (ii) the Persons entitled to vote not less than 66 2/3% in aggregate principal amount of Outstanding Notes represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes, Notes whether or not such Holders were 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 Notes of any such resolutions or decisions pursuant to Section 106 of the Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Franklin Bank Corp)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except 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 action set forth in the notice of 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 902, any resolution presented to a meeting 8.2) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative vote lesser of the Holders of (i) not less than a majority in aggregate principal amount of the Outstanding NotesSecurities and (ii) Persons entitled to vote not less than 66-2/3% in aggregate principal amount of Outstanding Securities represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities and coupons, 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 (Baan Co N V)

Quorum; Action. The Persons entitled to vote a majority in of the aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(18.2(a), 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, as provided above, percentage of the aggregate principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except as limited by Subject to the proviso foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to Section 902, vote 25% of the aggregate principal amount of the Outstanding Securities shall constitute a quorum for the taking of any resolution presented to action set forth in the notice of the original meeting. At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may aforesaid, any resolution and all matters (except as limited by Section 7.2) shall be adopted only effectively passed and decided if passed or decided by the affirmative Persons entitled to vote not less than a majority of the Holders of a majority in aggregate principal amount of the Outstanding NotesSecurities represented and voting at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Samples: Indenture (Alloy Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate of the principal amount of the Outstanding Notes CODES shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesCODES, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(18.2(a), 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 percentagepercentage of the principal amount of Maturity of the Outstanding CODES which shall constitute a quorum. Subject to the foregoing, as provided aboveat the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% of the principal amount of the Outstanding Notes which 52 59 CODES at the time shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 902, any resolution presented to At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may aforesaid, any resolution and all matters (except as limited by Section 7.2) shall be adopted only effectively passed and decided if passed or decided by the affirmative Persons entitled to vote not less than a majority of the Holders of a majority in aggregate principal amount of the Outstanding NotesCODES represented and voting at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes CODES duly held in accordance with this Section shall be binding on all the Holders of NotesCODES, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Samples: Indenture (Apogent Technologies Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of NotesSecurities. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except 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 902, any resolution presented to a meeting 8.02) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative vote of the Holders of not less than a majority in aggregate principal amount of the Outstanding NotesSecurities. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities 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 1.06.

Appears in 1 contract

Samples: Indenture (Monmouth Real Estate Investment Corp)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum uqorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except 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 action set forth in the notice of 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 902, any resolution presented 9.2 and except to the extent Section 10.8 requires a meeting different vote) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative vote lesser of (i) the Holders of not less than a majority in aggregate principal amount of Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of Outstanding NotesSecurities represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities 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 (Advanced Energy Industries Inc)

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Quorum; Action. The Persons entitled to vote a majority in aggregate of the principal amount of the Outstanding Notes Debentures shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesDebentures, 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(18.2(a), 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 percentagepercentage of the principal amount of Maturity of the Outstanding Debentures which shall constitute a quorum. Subject to the foregoing, as provided aboveat the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to vote 25% of the principal amount of the Outstanding Notes which Debentures at the time shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 902, any resolution presented to At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may aforesaid, any resolution and all matters (except as limited by Section 7.2) shall be adopted only effectively passed and decided if passed or decided by the affirmative Persons entitled to vote not less than a majority of the Holders of a majority in aggregate principal amount of the Outstanding NotesDebentures represented and voting at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Debentures duly held in accordance with this Section shall be binding on all the Holders of NotesDebentures, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Samples: Indenture (Apogent Technologies Inc)

Quorum; Action. (a) The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesHolders, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes which Securities that shall constitute a quorum. Except as limited by . (b) Subject to the proviso foregoing, at the reconvening of any meeting adjourned for a lack of a quorum, the Persons entitled to Section 902, vote 25% in aggregate principal amount of the Outstanding Securities at the time shall constitute a quorum for the taking of any resolution presented to action set forth in the notice of the original meeting. (c) At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may be adopted only aforesaid, any resolution and all matters (except as limited by the affirmative vote of proviso to and except to the extent Section 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 Outstanding Securities and (ii) the Persons entitled to vote not less than a majority in aggregate principal amount of Outstanding Notes. Securities represented and entitled to vote at such meeting. (d) Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities 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 (Conseco Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities of a series shall constitute a quorum for a meeting or duly reconvened meeting of Holders of NotesSecurities 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 after the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities 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. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, of the aggregate principal amount of the Outstanding Notes Securities of such series which shall constitute a quorum. Except as limited by the proviso to the first 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 affirmative vote of the Holders of at least a majority in aggregate principal amount of the Outstanding NotesSecurities 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 Outstanding Securities of a series may be adopted at a meeting or an adjourned meeting duly convened and at which a quorum is present as aforesaid only by the affirmative vote of the Holders of at least that specified percentage in aggregate principal amount of the Outstanding Securities of that series. Any resolution passed or decision taken at any meeting of Holders of Notes Securities of any series duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities of such series and the Coupons appertaining thereto, if any, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

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

Quorum; Action. The Persons β€Œ (a) Two or more persons entitled to vote a majority 25% in aggregate principal amount of the Outstanding Notes Warrants shall constitute a quorum for a meeting of Holders of NotesHolders. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesHolders, be dissolved. In the absence of a quorum 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, the Holders present or represented at such adjourned meeting shall constitute the quorum and the business for which the meeting was adjourned 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 meetingtransacted. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, of the principal amount of the Outstanding Notes which shall constitute a quorum. of (b) Except as limited by the proviso to Section 90210.2, 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 affirmative vote of holders of, collectively, a majority in principal amount of the Warrants present or represented by proxy at such meeting or adjourned meeting; provided, however, that, except as limited by Section 10.2, any resolution with respect to any Act that this Warrant Indenture expressly provides may be made, given or taken by the Holders of a majority specified percentage, which is less than a majority, in aggregate principal amount of Outstanding Warrants 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 holders of such specified percentage in principal amount of Outstanding Notes. Warrants. (c) Any resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section shall 7.5 will be binding on all the Holders of NotesHolders, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Samples: Warrant Indenture

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (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 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except 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 902, any resolution presented to a meeting 802) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative Persons entitled to vote of the Holders of a majority not less than two-thirds in aggregate principal amount of the Outstanding NotesSecurities represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of NotesSecurities, 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 105.

Appears in 1 contract

Samples: Indenture (Atlas Corp)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the 66 time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except 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 action set forth in the notice of 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 902, any resolution presented 8.2 and except to the extent Section 10.13 requires a meeting different vote) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative Persons entitled to vote of the Holders of a majority not less than 66-2/3% in aggregate principal amount of the Outstanding NotesSecurities represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities 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 (Alcatel Usa Inc)

Quorum; Action. The Persons entitled to vote a majority at least twenty-five percent (25%) (fifty percent (50%) for the purpose of an Extraordinary Resolution) in aggregate principal amount of the Outstanding Notes shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 thirty (30) minutes after of the time appointed for any such meeting, the meeting shall, if convened at upon the request requisition of Holders of Notes, 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 chair 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. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 1402(111.3(a), except that such notice need may 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 The quorum at such adjourned meeting shall state expressly be the percentage, as provided above, of the principal amount of the Outstanding Notes which shall constitute a quorumPersons then present and entitled to vote thereat. Except as limited by the proviso to Section 902, any resolution presented to At a meeting or an adjourned meeting duly reconvened and at which a quorum is present as aforesaid may aforesaid, any resolution and all matters (except where, pursuant to this Indenture, an Extraordinary Resolution is required) shall be adopted only effectively passed by a vote in favour thereof by the affirmative Persons entitled to vote at least fifty percent (50%) (at least sixty-six and two-thirds percent (66 2/3%) for the purpose of the Holders of a majority an Extraordinary Resolution) in aggregate principal amount of the Outstanding NotesNotes voting upon such resolution or matter. Any resolution passed or decision taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all the Holders of Notes, whether or not such Holders were present or represented at the meeting.

Appears in 1 contract

Samples: Trust Indenture (Bce Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount Holders representing not less than 25% of the Outstanding Notes aggregate Liquidation Amount of all of the then outstanding Series 6 Shares shall constitute a quorum for a meeting of Holders of NotesSeries 6 Shares; provided, however, that, if any action is to be taken at such meeting with respect to a consent or waiver which this Guarantee expressly provides may be given by the Holders of not less than a specified percentage of the aggregate Liquidation Amount of all of the then outstanding Series 6 Shares, the Persons entitled to vote such specified percentage in aggregate amount of the outstanding Series 6 Shares shall constitute a quorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSeries 6 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 of not less than 10 days as determined by the chairman of the meeting prior to the adjournment of such adjourned meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(111.2(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 Subject to the foregoing, at the reconvening of an any meeting adjourned for lack of a quorum, the Holders of Series 6 Shares entitled to vote at such meeting shall state expressly the percentage, as provided above, of the principal amount of the Outstanding Notes which present in person or by proxy shall constitute a quorumquorum for the taking of any action set forth in the notice of the original meeting. Except as limited by the proviso to Section 9028.2, 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 affirmative vote of the Holders of representing not less than a majority in aggregate principal amount of the Outstanding Notes. Any aggregate Liquidation Amount of Series 6 Shares represented at such meeting in person or by proxy; provided, however, that, except as limited by the proviso to Section 8.2, any resolution passed with respect to any request, demand, authorization, direction, notice, consent, waiver or decision other action which this Guarantee expressly provides may be made, given or taken at any meeting of Holders of Notes duly held in accordance with this Section shall be binding on all by the Holders of Notes, whether or not such Holders were present or represented at the meeting.a

Appears in 1 contract

Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except 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 action set forth in the notice of 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 902, any resolution presented 9.2 and except to the extent Section 10.8 requires a meeting different vote) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative vote lesser of (i) the Holders of not less than a majority in aggregate principal amount of Outstanding Securities and (ii) the Persons entitled to vote not less than 66-2/3% in principal amount of Outstanding NotesSecurities represented and entitled to vote at such meeting. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities 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 (Advanced Energy Industries Inc)

Quorum; Action. The Persons entitled to vote a majority in aggregate principal amount of the Outstanding Notes Securities shall constitute a quorum for a meeting of Holders of Notesquorum. In the absence of a quorum within 30 minutes after of the time appointed for any such meeting, the meeting shall, if convened at the request of Holders of NotesSecurities, 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 meetingmeeting (subject to repeated applications of this sentence). Notice of the reconvening of any adjourned meeting shall be given as provided in Section 1402(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, as provided above, percentage of the aggregate principal amount of the Outstanding Notes Securities which shall constitute a quorum. Except 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 action set forth in the notice of 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 902, any resolution presented 8.2 and except to the extent Section 10.12 requires a meeting different vote) shall be effectively passed and decided if passed or adjourned meeting duly reconvened at which a quorum is present as aforesaid may be adopted only decided by the affirmative vote lesser of (i) the Holders of not less than a majority in aggregate principal amount of Outstanding Securities or (ii) the Holders of not less than 66-2/3% in aggregate principal amount of Outstanding NotesSecurities present at any given meeting at which a quorum is present. Any resolution passed or decision decisions taken at any meeting of Holders of Notes Securities duly held in accordance with this Section shall be binding on all the Holders of Notes, Securities 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 (Amerisource Health Corp/De)

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