Common use of Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment Clause in Contracts

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of Holders, in regard to proof of the holding of Notes and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes entitled to vote at such meeting, in which case those and only those Persons who are Holders of Notes at the record date and time so fixed, or their proxies, will be entitled to vote at such meeting whether or not they will be such Holders at the time of the meeting. The Trustee will, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will have been called by the Company or by Holders as provided in Section 12.03, in which case the Company or the Holders calling the meeting, as the case may be, will in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will be elected by vote of the Holders of a majority in principal amount of the Notes represented at the meeting and entitled to vote. At any meeting each Holder or proxy will, subject to the provisions of Section 12.04 hereof, be entitled to one vote for each $1,000 principal amount of Notes held or represented by him or her; provided, however, that no vote will be cast or counted at any meeting in respect of any Notes challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will be entitled to vote at such meeting. The chairman of the meeting will have no right to vote other than by virtue of Notes held by him or instruments in writing as aforesaid duly designating him as the proxy to vote on behalf of other Holders. Any meeting of Holders duly called pursuant to the provisions of Section 12.02 or Section 12.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Notes represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 5 contracts

Samples: Indenture (Bti Telecom Corp), Indenture (Kitty Hawk Inc), Indenture (Amtran Inc)

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Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of Holders, in regard to proof of the holding of Notes and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes entitled to vote at such meeting, in which case those and only those Persons who are Holders of Notes at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by Holders as provided in Section 12.0311.03, in which case the Company or the Holders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal amount of the Notes represented at the meeting and entitled to vote. At any meeting each Holder or proxy willshall, subject to the provisions of Section 12.04 hereof11.04, be entitled to one vote for each $1,000 U.S.$1,000 principal amount of Notes held or represented by him or her; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Notes challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will shall be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Notes held by him or instruments in writing as aforesaid duly designating him as the proxy to vote on behalf of other Holders. Any meeting of Holders duly called pursuant to the provisions of Section 12.02 11.02 or Section 12.03 11.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Notes represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Supplemental Indenture (Cosan Ltd.), Supplemental Indenture (Cosan Ltd.)

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of HoldersSecurityholders, in regard to proof of the holding of Notes Securities and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes Securities entitled to vote at such meeting, in which case those and only those Persons who are Holders of Notes Securities at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by Holders Securityholders as provided in Section 12.0310.03, in which case the Company or the Holders Securityholders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal amount of the Notes Securities represented at the meeting and entitled to vote. At any meeting each Holder Securityholder or proxy will, subject to the provisions of Section 12.04 hereof, shall be entitled to one vote for each $1,000 principal amount of Notes Securities held or represented by him or herhim; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Notes Securities challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Notes Securities held by him or instruments in writing as aforesaid duly designating him as the proxy Person to vote on behalf of other HoldersSecurityholders. At any meeting of Securityholders, the presence of Persons holding or representing any number of Securities shall be sufficient for a quorum. Any meeting of Holders Securityholders duly called pursuant to the provisions of Section 12.02 10.02 or Section 12.03 10.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Notes Securities represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group)

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of Holders, in regard to proof of the holding of Notes and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes entitled to vote at such meeting, in which case those and only those Persons who are Holders of Notes at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by Holders as provided in Section 12.0311.3, in which case the Company or the Holders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal amount of the Notes represented at the meeting and entitled to vote. At any meeting each Holder or proxy willshall, subject to the provisions of Section 12.04 hereof11.4, be entitled to one vote for each $US$1,000 principal amount of Notes held or represented by him or her; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Notes challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will shall be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Notes held by him or instruments in writing as aforesaid duly designating him as the proxy to vote on behalf of other Holders. Any meeting of Holders duly called pursuant to the provisions of Section 12.02 11.2 or Section 12.03 11.3 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Notes represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Indenture (Embraer S.A.), Empresa Brasileira De Aeronautica S.A.

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of Holders, in regard to proof of the holding of Notes and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes entitled to vote at such meeting, in which case those and only those Persons who are Holders of Notes at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company Issuer or by Holders as provided in Section 12.0310.03, in which case the Company Issuer or the Holders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal amount of the Notes represented at the meeting and entitled to vote. At any meeting each Holder or proxy willshall, subject to the provisions of Section 12.04 hereof10.04, be entitled to one vote for each $1,000 U.S.$1,000 principal amount of Notes held or represented by him or her; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Notes challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will shall be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Notes held by him or instruments in writing as aforesaid duly designating him as the proxy to vote on behalf of other Holders. Any meeting of Holders duly called pursuant to the provisions of Section 12.02 10.02 or Section 12.03 10.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Notes represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 2 contracts

Samples: Supplemental Indenture, Supplemental Indenture

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of HoldersSecurityholders, in regard to proof of the holding of Notes Securities and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes Securities entitled to vote at such meeting, in which case those and only those Persons persons who are Holders of Notes Securities at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by Holders Securityholders as provided in Section 12.0310.03, in which case the Company or the Holders Securityholders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal amount of the Notes Securities represented at the meeting and entitled to vote. At any meeting each Holder Securityholder or proxy will, subject to the provisions of Section 12.04 hereof, shall be entitled to one vote for each $1,000 principal amount of Notes Securities held or represented by him or herhim; providedPROVIDED, howeverHOWEVER, that no vote will shall be cast or counted at any meeting in respect of any Notes Securities challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Notes Securities held by him or instruments in writing as aforesaid duly designating him as the proxy person to vote on behalf of other HoldersSecurityholders. At any meeting of Securityholders, the presence of persons holding or representing any number of Securities shall be sufficient for a quorum. Any meeting of Holders Securityholders duly called pursuant to the provisions of Section 12.02 10.02 or Section 12.03 10.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Notes Securities represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Circus Finance Ii

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision provisions of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of HoldersSecurityholders, in regard to proof of the holding of Notes Securities and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriatefit. Such Except as otherwise permitted or required by any such regulations, the holding of Securities shall be proved in the manner specified in Section 8.02. and the appointment of any proxy shall be proved in the manner specified in said Section 8.02; provided, however, that such regulations may fix a record date provide that written instruments appointing proxies regular on their face, may be presumed valid and time for determining genuine without the Holders of record of Notes entitled to vote at such meeting, proof hereinabove or in which case those and only those Persons who are Holders of Notes at the record date and time so fixed, or their proxies, will be entitled to vote at such meeting whether or not they will be such Holders at the time of the meetingsaid Section 8.02 specified. The Trustee will, shall by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by Holders Securityholders as provided in Section 12.039.03, in which case the Company or the Holders Securityholders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by majority vote of the Holders of a majority in principal amount of the Notes represented at the meeting and entitled to votemeeting. At any meeting each Holder or proxy will, subject Subject to the provisions of Section 12.04 hereof8.04, at any meeting each Securityholder or proxy shall be entitled to one vote for each $1,000 principal amount (in the case of Notes Original Issue Discount Securities, such principal amount shall be equal to such portion of the principal amount as may be specified in the terms of such series) of Securities held or represented by him or hersuch Holder; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Notes Security challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will be entitled to vote at such meetingOutstanding. The chairman of the meeting will shall have no right to vote other than by virtue of Notes Securities held by him such Person or instruments in writing as aforesaid duly designating him such Person as the proxy Person to vote on behalf of other HoldersSecurityholders. Any meeting of Holders Securityholders duly called pursuant to the provisions of Section 12.02 9.02 or Section 12.03 9.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Notes represented at the meeting and entitled to votetime, and the meeting may be held as so adjourned without further notice. At any meeting of Securityholders, the presence of Persons holding or representing Securities in principal amount sufficient to take action on the business for the transaction of which such meeting was called shall constitute a quorum, but, if less than a quorum is present, the Persons holding or representing a majority in principal amount of the Securities represented at the meeting may adjourn such meeting with the same effect for all intents and purposes, as though a quorum had been present.

Appears in 1 contract

Samples: Certain Terms Defined (Meru Networks Inc)

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Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of HoldersSecurityholders, in regard to proof of the holding of Senior Subordinated Notes and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Senior Subordinated Notes entitled to vote at such meeting, in which case those and only those Persons who are Holders of Senior Subordinated Notes at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by Holders Securityholders as provided in Section 12.0311.03, in which case the Company or the Holders Securityholders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal amount of the Senior Subordinated Notes represented at the meeting and entitled to vote. At any meeting each Holder Securityholder or proxy will, subject to the provisions of Section 12.04 hereof, shall be entitled to one vote for each $1,000 principal amount of Senior Subordinated Notes held or represented by him or herhim; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Senior Subordinated Notes challenged as not outstanding and ruled by the chairman of the meeting to be not outstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will shall be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Senior Subordinated Notes held by him or instruments in writing as aforesaid duly designating him as the proxy to vote on behalf of other HoldersSecurityholders. Any meeting of Holders Securityholders duly called pursuant to the provisions of Section 12.02 11.02 or Section 12.03 11.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Senior Subordinated Notes represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Trism Inc /De/)

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of Holders, in regard to proof of the holding of Notes and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes entitled to vote at such meeting, in which case those and only those Persons who are Holders of Notes at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by the Holders as provided in Section 12.0310.3, in which case the Company or the Holders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal Principal amount of the Notes represented at the meeting and entitled to vote. At any meeting each Holder or proxy willshall, subject to the provisions of Section 12.04 hereof10.4, be entitled to one vote for each $1,000 principal U.S.$1,000 Principal amount of Notes held or represented by him or her; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Notes challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will shall be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Notes held by him or instruments in writing as aforesaid duly designating him as the proxy to vote on behalf of other Holders. Any meeting of Holders duly called pursuant to the provisions of Section 12.02 10.2 or Section 12.03 10.3 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal Principal amount of the Notes represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (BM&FBOVESPA S.A. - Securities, Commodities & Futures Exchange)

Regulations May Be Made by Trustee; Conduct of the Meeting; Voting Rights; Adjournment. Notwithstanding any other provision of this Indenture, the Trustee may make such reasonable regulations as it may deem advisable for any action by or any meeting of Holders, in regard to proof of the holding of Notes and of the appointment of proxies, and in regard to the appointment and duties of inspectors of votes, and 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 will shall think appropriate. Such regulations may fix a record date and time for determining the Holders of record of Notes entitled to vote at such meeting, in which case those and only those Persons who are Holders of Notes at the record date and time so fixed, or their proxies, will shall be entitled to vote at such meeting whether or not they will shall be such Holders at the time of the meeting. The Trustee willshall, by an instrument in writing, appoint a temporary chairman of the meeting, unless the meeting will shall have been called by the Company or by Holders as provided in Section 12.0311.03, in which case the Company or the Holders calling the meeting, as the case may be, will shall in like manner appoint a temporary chairman. A permanent chairman and a permanent secretary of the meeting will shall be elected by vote of the Holders of a majority in principal amount of the Notes represented at the meeting and entitled to vote. At any meeting each Holder or proxy willshall, subject to the provisions of Section 12.04 hereof11.04, be entitled to one vote for each $1,000 U.S.$1,000 principal amount of Notes held or represented by him or her; provided, however, that no vote will shall be cast or counted at any meeting in respect of any Notes challenged as not outstanding Outstanding and ruled by the chairman of the meeting to be not outstandingOutstanding. The chairman may adjourn any such meeting if he is unable to determine whether any Holder or proxy will shall be entitled to vote at such meeting. The chairman of the meeting will shall have no right to vote other than by virtue of Notes held by him or instruments in writing as aforesaid duly designating him as the proxy to vote on behalf of other Holders. Any meeting of Holders duly called pursuant to the provisions of Section 12.02 11.02 or Section 12.03 11.03 may be adjourned from time to time by vote of the Holders of a majority in aggregate principal amount of the Outstanding Notes represented at the meeting and entitled to vote, and the meeting may be held as so adjourned without further notice.

Appears in 1 contract

Samples: Indenture (Cosan Ltd.)

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