Requests by Holders Clause Samples
The "Requests by Holders" clause defines the procedures and conditions under which holders of certain rights or securities may submit formal requests to the relevant party, such as a company or trustee. Typically, this clause outlines the types of requests that can be made—such as for information, action, or approval—and may specify requirements like written notice, timing, or supporting documentation. Its core practical function is to establish a clear and orderly process for holders to communicate their needs or exercise their rights, thereby reducing misunderstandings and ensuring efficient handling of such requests.
Requests by Holders. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to Securities of such series specifying such Event of Default, as hereinbefore provided, and unless also the holders of not less than twenty-five percent in aggregate principal amount of the Securities of such series then outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding; it being understood and intended, and being expressly covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions of this Indenture, however, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be i...
Requests by Holders. Upon the receipt by the Company of written notice from Holders holding in excess of 50%of the aggregate Holders Shares of their intent to sell all or part of their Holders Shares in an Offering subject to this Section 5 at least 60 days before such proposed date of sale, and specifying both the number of Holders Shares to be sold and the intended method of disposition, the Company will use its best efforts to register such Holders Shares so as to permit, as soon as practicable, the requested sale of Holders Shares. Within 15 days of receipt of notice of a proposed sale by Holders, the Company will advise Holders either that it has no objection to such a registered sale or that such a registered sale should be delayed for up to three months on the basis that the Company is involved in a confidential proposed transaction or negotiations (which have been previously disclosed to the Company's Board of Directors) which would not permit the Company to make or amend any public filings under the securities laws at that time. If the Company has not objected to such proposed registered sale as permitted in this Section 5(a) within such 15 day period, the Company shall take all actions necessary to permit such sale on the proposed date of sale pursuant to such Registration Statement. If, at any time after giving 60 days written notice under this Section 5(a), Holders holding in excess of 50% of the aggregate Holders Shares shall notify the Company in writing that they have determined for any reason not to proceed with the proposed Offering, then the Company shall terminate such Offering, but Holders so choosing not to proceed shall be jointly and severally responsible for any expenses incurred by the Company from the date that notice is received by the Company of Holders request for Demand Registration (as defined below) until the date that notice of Holder's determination not to proceed with the proposed Offering is received. Such an aborted request to register shares shall not constitute a Demand Registration.
Requests by Holders. Any request permitted by this Trust Agreement to be made by Holders or Owners of Securities may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders or Owners in person or by an agent duly appointed in writing. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Trust Agreement and (subject to Section 8.01) conclusive in favor of the Trustees, if made in the manner provided in this Section. The fact and date of the execution by any Person of any such instrument or writing may be proved by the affidavit of a witness of such execution or by a certificate of a notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the individual signing such instrument or writing acknowledged to him the execution thereof. Where such execution is by a signer acting in a capacity other than his individual capacity, such certificate or affidavit shall also constitute sufficient proof of his authority. The fact and date of the execution of any such instrument or writing, or the authority of the Person executing the same, may also be proved in any other manner that any Trustee receiving the same deems sufficient. The ownership of Securities shall be proved by the Securities Register. If any dispute shall arise among the Holders or the Trustees with respect to the authenticity or validity of any request of such Holder under this Article 6, then the determination of such matter by the Property Trustee shall be conclusive with respect to such matter.
Requests by Holders. Subject to the provisions of Section 3.6, at any time or from time to time the Requisite Percentage of Stockholders shall have the right to make one or more written requests that the Company effect the registration under the Securities Act of all or part of the Registrable Securities of the holder or holders making such request, which requests shall specify the intended method of disposition thereof by such holder or holders.