Common use of Quorum; Adjourned Meetings Clause in Contracts

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of Persons holding or representing Securities in an aggregate principal amount sufficient to take action on the business for the transaction of which such meeting was called shall be necessary to constitute a quorum. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order. 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 the Holders of Securities (as provided in Section 15.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting for a period of not less than 10 days with the same effect, for all intents and purposes, as though a quorum had been present. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be similarly further adjourned for a period of not less than 10 days. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 except that, in the case of publication, such notice need be published only once but must be given not less than five days prior to the date on which the meeting is scheduled to be reconvened, and in the case of mailing, such notice may be mailed not less than five days prior to such date. Any Holder of a Security who has executed an instrument in writing complying with the provisions of Section 1.04 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, that such Holder shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of Persons holding or representing Securities in an aggregate principal amount sufficient to take action on the business for the transaction of which such meeting was called shall be necessary to constitute a quorum. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order. 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 the Holders of Securities (as provided in Section 15.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting for a period of not less than 10 days with the same effect, for all intents and purposes, as though a quorum had been present. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be similarly further adjourned for a period of not less than 10 days. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 except that, in the case of publication, such notice need be published only once but must be given not less than five days prior to the date on which the meeting is scheduled to be reconvened, and in the case of mailing, such notice may be mailed not less than five days prior to such date. Any Holder of a Security who has executed an instrument in writing complying with the provisions of Section 1.04 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, -------- however, that such Holder shall be considered as present or voting only with ------- respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.1. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.5). 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 the Holders holders of Securities (as provided in Section 15.039.3), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.2, except that, in the case of publication, that such notice need be published only once but must be given mailed not less than five days prior to the date on which the meeting is scheduled to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.2) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Securities represented and voting at the meeting. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article 8 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Debt Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.05). 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 the Holders holders of Debt Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but and must be given mailed or published not less than five days prior to the date on which the meeting is scheduled to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote twenty-five percent in aggregate principal amount of the Debt Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Debt Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Debt Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Debt Securities represented and voting at the meeting. Any Holder holder of a Debt Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article Eight shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Debt Security shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.05). 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 the Holders holders of Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but must be given mailed not less than five days prior to the date on which the meeting is scheduled to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Securities represented and voting at the meeting. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article Eight shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of Persons holding or representing Securities Notes in an aggregate principal amount sufficient to take action on the business for the transaction of which such meeting was called shall be necessary to constitute a quorum. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order. 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 the Holders of Securities Notes (as provided in Section 15.0314.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities Notes represented at the meeting may adjourn such a meeting for a period of not less than 10 days with the same effect, for all intents and purposes, as though a quorum had been present. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be similarly further adjourned for a period of not less than 10 days. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 14.02 except that, in the case of publication, such notice need be published only once but must be given not less than five days prior to the date on which the meeting is scheduled to be reconvened, and in the case of mailing, such notice may be mailed not less than five days prior to such date. Any Holder of a Security Note who has executed an instrument in writing complying with the provisions of Section 1.04 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, that such Holder shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series Notes duly held in accordance with this Section shall be binding on all Holders of such series of Securities Notes whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to -------------------------- vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.05). 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 the Holders holders of Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but and must be given mailed or published not less than five days prior to the date on which the meeting is scheduled schedule to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Securities represented and voting at the meeting. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article Eight shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security -------- shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.05). 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 the Holders holders of Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but must be given mailed not less than five days prior to the date on which the meeting is scheduled to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote twenty-five percent (25%) in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by Persons entitled to such datevote a majority in aggregate principal amount of the Securities of the relevant series then Outstanding. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article Eight shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed Regulations Notwithstanding any other provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any meeting of Securityholders, in regard to proof of the holder of Securities and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, the submission and examination of proxies, certificates and other evidence of the right to vote, and such other matters concerning the conduct of the meeting as it shall deem fit. The Trustee shall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting shall have been called by the Company or decision taken by Securityholders as provided in Section 9.03, in which case the Company or the Securityholders calling the meeting, as the case may be, shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting shall be elected by majority vote of the meeting. Subject to the provisions of Section 8.04, at any meeting each holder of Securities with respect to which such meeting is being held or proxy shall be entitled to vote the principal amount (in the case of Original Issue Discount Securities, such principal amount to be determined as provided in the definition of “Security or Securities; Outstanding” in Section 1.01) of such Securities held or represented by such holder; provided , however , that no vote shall be cast or counted at any meeting in respect of any such Security challenged as not Outstanding and ruled by the chairman of the Holders meeting to be not Outstanding. The chairman of the meeting shall have no right to vote other than by virtue of such Securities held by him or instruments in writing as aforesaid duly designating him as the person to vote on behalf of other such Securityholders. Any meeting of holders of Securities with respect to which a meeting was duly called pursuant to the provisions of any series duly held in accordance with this Section shall Sections 9.02 or 9.03 may be binding on all Holders adjourned from time to time by a majority of such series of Securities those present, whether or not present or represented at constituting a quorum, and the meetingmeeting may be held as so adjourned without further notice.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.06). 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 the Holders holders of Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but must be given mailed not less than five days prior to the date on which the meeting is scheduled schedule to be reconvened. Solely with respect to voting by holders of Securities of a subsequent series of Securities, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. Solely with respect to voting by holders of Securities of a subsequent series of Securities, such notice may at a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Securities represented and voting at the meeting. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article Eight shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security shall be considered as present or voting only with respect _to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.05). 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 the Holders holders of Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but must be given mailed not less than five days prior to the date on which the meeting is scheduled to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Securities represented and voting at the meeting. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article 8 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of Persons holding or representing Securities in an aggregate principal amount sufficient to take action on the business for the transaction of which such meeting was called shall be necessary to constitute a quorum. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order. 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 the Holders of Securities (as provided in Section 15.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting for a period of not less than 10 days with the same effect, for all intents and purposes, as though a quorum had been present. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be similarly further adjourned for a period of not less than 10 days. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 except that, in the case of publication, such notice need be published only once but must be given not less than five days prior to the date on which the meeting is scheduled to be reconvened, and in the case of mailing, such notice may be mailed not less than five days prior to such date. Any Holder of a Security who has executed an instrument in writing complying with the provisions of Section 1.04 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, that such Holder shall -------- ------- be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.05). 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 the Holders holders of Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but and must be given mailed or published not less than five days prior to the date on which the meeting is scheduled schedule to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Securities represented and voting at the meeting. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article Eight shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting of Holders, the presence of The Persons holding or representing Securities entitled to vote a majority in an aggregate principal amount sufficient to take action on of the business Securities of the relevant series at the time Outstanding shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorumall business specified in Section 9.01. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order(determined as provided in this Section 9.05) . 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 the Holders holders of Securities (as provided in Section 15.039.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting shall be adjourned for a period of not less than 10 ten days with as determined by the same effect, for all intents and purposes, as though a quorum had been presentchairman of the meeting. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may shall be similarly further adjourned for a period of not less than 10 daysten days as determined by the chairman of the meeting. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 9.02, except that, in the case of publication, that such notice need be published only once but and must be given mailed or published not less than five days prior to the date on which the meeting is scheduled schedule to be reconvened. Subject to the foregoing, and at the second reconvening of any meeting adjourned for lack of a quorum, the Persons entitled to vote 25% in aggregate principal amount of the Securities of the relevant series then Outstanding shall constitute a quorum for the taking of any action set forth in the case notice of mailingthe original meeting. Notice of the reconvening of an adjourned meeting shall state expressly the percentage of the aggregate principal amount of the Securities of the relevant series then Outstanding which shall constitute a quorum. At a meeting or any adjourned meeting duly convened and at which a quorum is present as aforesaid, such notice may any resolution and all matters (except as limited by the proviso in Section 10.02) shall be mailed not less than five days prior effectively passed and decided if passed or decided by the Persons entitled to such datevote the lesser of (a) a majority in aggregate principal amount of the Securities of the relevant series then Outstanding and (b) 75% in aggregate principal amount of the Securities represented and voting at the meeting. Any Holder holder of a Security who has executed in person or by proxy and delivered to the Trustee an instrument in writing complying with the provisions of Section 1.04 Article Eight shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, provided that such Holder holder of a Security shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.

Quorum; Adjourned Meetings. At any meeting Members holding an Equity -------------------------- Percentage of Holders, the presence of Persons holding or representing Securities in an aggregate principal amount sufficient to take action on the business at least 80% shall constitute a quorum for the transaction of which such meeting was called shall be necessary to constitute a quorum. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order. 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 the Holders of Securities (as provided in Section 15.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting for a period of not less than 10 days with the same effect, for all intents and purposes, as though a quorum had been present. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be similarly further adjourned for a period of not less than 10 days. Notice of the reconvening of any adjourned meeting shall be given as provided in Section 15.02 except that, in the case of publication, such notice need be published only once but must be given not less than five days prior to the date on which the meeting is scheduled to be reconvened, and in the case of mailing, such notice may be mailed not less than five days prior to such date. Any Holder of a Security who has executed an instrument in writing complying with the provisions of Section 1.04 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, that such Holder shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders Members for a purpose set forth in Section 4.8 hereof; with respect to any other meeting of Securities the Members for a different purpose, if any, that is then required by the Act, Members holding an Equity Percentage of at least 51%, or such higher percentage as may be required by the Act, shall constitute a quorum for such meeting. If a quorum is not present at a meeting, the Members present and entitled to vote shall adjourn to such day as they shall agree upon by a vote of the majority in voting interest present and entitled to vote. Notice of any series duly held in accordance with this Section shall adjourned meeting need not be binding on all Holders of given to any Member present at such series of Securities whether or not present or represented adjourned meeting if the date, time and place thereof are announced at the meetingmeeting at which the adjournment is taken. At adjourned meetings at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally noticed. If a quorum is present, the Members may continue to transact business until adjournment notwithstanding the withdrawal of enough Members to leave less than a quorum. If no quorum is present at two (2) consecutive meetings with respect to the same Member Special Vote matter, the party requesting the meeting may refer the Member Special Vote matter to a dispute resolution under Section 19.15, as if such matter had been presented for a vote.

Quorum; Adjourned Meetings. At any meeting of HoldersSecurityholders, the presence of Persons holding or representing Securities in an aggregate principal amount sufficient to take action on the business for the transaction of which such meeting was called shall be necessary to constitute a quorum. No business shall be transacted in the absence of a quorum unless a quorum is represented when the meeting is called to order. 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 the Holders of Securities (as provided in Section 15.0313.03), be dissolved. In any other case the Persons holding or representing a majority in aggregate principal amount of the Securities represented at the meeting may adjourn such a meeting for a 50 44 period of not less than 10 days with the same effect, for all intents and purposes, as though a quorum had been present. In the absence of a quorum at any such adjourned meeting, such adjourned meeting may be similarly further adjourned for a period of not less than 10 days. Notice of the reconvening of any such adjourned meeting shall be given as provided in Section 15.02 13.02 except that, in the case of publication, such notice need be published only once but must be given not less than five days prior to the date on which the meeting is scheduled to be reconvened, and in the case of mailing, such notice may be mailed not less than five days prior to such date. Any Holder of a Security who has executed an instrument in writing complying with the provisions of Section 1.04 shall be deemed to be present for the purposes of determining a quorum and be deemed to have voted; provided, however, that such Holder holder shall be considered as present or voting only with respect to the matters covered by such instrument in writing. Any resolution passed or decision taken at any meeting of the Holders of Securities of any series duly held in accordance with this Section shall be binding on all Holders of such series of Securities whether or not present or represented at the meeting.