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

Record Dates for Action by Holders. If the Issuers shall solicit from the Holders of Notes 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), the Issuers may, at their option, by resolution of the Board of Directors, fix in advance a record date for the determination of Holders of Notes entitled to take such action, but the Issuers shall have no obligation to do so. Any such record date shall be fixed at the Issuers' discretion. If such a record date is fixed, such action may be sought or given before or after the record date, but only the Holders of Notes of record at the close of business on such record date shall be deemed to be Holders of Notes for the purpose of determining whether Holders of the requisite proportion of Outstanding Notes have authorized or agreed or consented to such action, and for that purpose the Outstanding Notes shall be computed as of such record date.

Appears in 2 contracts

Samples: Indenture (Eott Energy Finance Corp), Indenture (Eott Energy Finance Corp)

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Record Dates for Action by Holders. If the Issuers Company shall solicit from the Holders of the Notes any action (including the making of any demand or request, the giving of any direction, notice, consent consent, or waiver waiver, or the taking of any other action), the Issuers Company may, at their its option, by resolution of the Board of Directors, fix in advance a record date for the determination of Holders of the Notes entitled to take such action, but the Issuers Company shall have no obligation to do so. Any such record date shall be fixed at the Issuers' Company’s discretion. If such a record date is fixed, such action may be sought or given before or after the record date, but only the Holders of the Notes of record at the close of business on such record date shall be deemed to be Holders of the Notes for the purpose of determining whether Holders of the requisite proportion of Outstanding Notes have authorized or agreed or consented to such action, and for that purpose the Outstanding Notes shall be computed as of such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the Holders of the percentage in aggregate principal amount of the Notes specified in this Indenture shall have been received within such 120-day period.

Appears in 2 contracts

Samples: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP)

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