Common use of Record Date for Action by Holders Clause in Contracts

Record Date for Action by Holders. Whenever in this Indenture it is provided that Holders of a specified percentage in aggregate principal amount of the Securities of any series may take any action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action), other than any action taken at a meeting of Holders of such series, the Company, pursuant to a resolution of its Board of Directors, or the Holders of at least 10% in aggregate principal amount of the Securities of such series then Outstanding, may request the Trustee to fix a record date for determining Holders entitled to notice of and to take any such action. In case the Company or the Holders of Securities of such series in the amount above specified shall desire to request Holders of such series to take any action and shall request the Trustee to fix a record date with respect thereto by written notice setting forth in reasonable detail the Holder action to be requested, the Trustee shall promptly (but in any event within five days of receipt of such request) fix a record date that shall be a business day not less than 15 nor more than 20 days after the date on which the Trustee receives such request. If the Trustee shall fail to fix a record date as hereinabove provided, then the Company or the Holders of Securities of such series in the amount above specified may fix the same by mailing written notice thereof (the record date so fixed to be a business day not less than 15 nor more than 20 days after the date on which such written notice shall be given) to the Trustee. If a record date is fixed according to this Section 12.04, only persons shown as Holders of the Securities of such series on the Security Register at the close of business on the record date so fixed shall be entitled to take the requested action and the taking of such action by the Holders of Securities of such series on the record date of the required percentage of the aggregate Principal Amount of the Securities shall be binding on all Holders of such series; provided, that the taking of the requested action by the Holders of Securities of such series on the record date of the percentage in aggregate Principal Amount of the Securities in connection with such action shall have been evidenced to the Trustee, as provided in Section 12.01, not later than 180 days after such record date.

Record Date for Action by Holders. Whenever in this Indenture it is provided that Holders of a specified percentage in aggregate principal amount Principal Amount of the Securities of any series may take any action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action), other than any action taken at a meeting of Holders of such series, the Company, pursuant to a resolution of its Board of Directors, or the Holders of at least 10% in aggregate principal amount Principal Amount of the Securities of such series then Outstanding, may request the Trustee to fix a record date for determining Holders entitled to notice of and to take any such action. In case the Company or the Holders of Securities of such series in the amount above specified shall desire to request Holders of such series to take any action and shall request the Trustee to fix a record date with respect thereto by written notice setting forth in reasonable detail the Holder action to be requested, the Trustee shall promptly (but in any event within five days of receipt of such request) fix a record date that shall be a business day not less than 15 nor more than 20 days after the date on which the Trustee receives such request. If the Trustee shall fail to fix a record date as hereinabove provided, then the Company or the Holders of Securities of such series in the amount above specified may fix the same by mailing providing written notice thereof (the record date so fixed to be a business day not less than 15 nor more than 20 days after the date on which such written notice shall be given) to the Trustee. If a record date is fixed according to this Section 12.04, only persons shown as Holders of the Securities of such series on the Security Register at the close of business on the record date so fixed shall be entitled to take the requested action and the taking of such action by the Holders of Securities of such series on the record date of the required percentage of the aggregate Principal Amount of the Securities shall be binding on all Holders of such series; provided, that the taking of the requested action by the Holders of Securities of such series on the record date of the percentage in aggregate Principal Amount of the Securities in connection with such action shall have been evidenced to the Trustee, as provided in Section 12.01, not later than 180 days after such record date.

Record Date for Action by Holders. Whenever in this Indenture Agreement it is provided that Holders of a specified percentage in aggregate principal amount of the Securities of any series Notes may take any action (including the making of any demand or request, the giving of any direction, notice, consent or waiver or the taking of any other action), other than any action taken at a meeting of Holders of such seriescalled pursuant to Article Eleven, the Company, pursuant to a resolution of its Board of Directors, or the Holders of at least 10% in aggregate principal amount of the Securities of such series Notes then Outstandingoutstanding, may request the Trustee to fix a record date for determining Holders entitled to notice of and to take any such the action. In case the Company or the Holders of Securities of such series Notes in the foregoing amount above specified shall desire to request Holders of such series to take any an action and shall request the Trustee Company to fix a record date with respect thereto by written notice setting forth in reasonable detail the Holder action to be requested, the Trustee Company shall promptly (but in any event within five days of receipt of such the request) fix a record date that which shall be a business day Business Day not less than 15 nor more than 20 days after the date on which the Trustee Company receives such the request. If the Trustee Company shall fail to fix a record date as hereinabove herein provided, then the Company Holder Representative or the Holders of Securities of such series Notes in the foregoing amount above specified may fix the same by mailing written notice thereof (the record date so fixed to be a business day Business Day not less than 15 nor more than 20 days after the date on which such the written notice shall be given) to the TrusteeCompany. If a record date is fixed according to this Section 12.0410.05, only persons Persons shown as Holders on the registry books of the Securities of such series on the Security Register Company at the close of business on the record date so fixed shall be entitled to take the requested action action, and the taking of such the action by the Holders of Securities of such series on the record date of the required percentage of the aggregate Principal Amount principal amount of the Securities Notes shall be binding on all Holders of such series; providedHolders, provided that the taking of the requested action by the Holders of Securities of such series on the record date of the percentage in aggregate Principal Amount principal amount of the Securities Notes specified in this Agreement in connection with such the action shall have been evidenced to the TrusteeCompany, as provided in Section 12.0110.01, not later than 180 days after such the record date.