Common use of Revocation and Effect of Consents, Waivers and Actions Clause in Contracts

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders becomes effective, a consent to it or any other action by a Securityholder of any series hereunder is a continuing consent by such Securityholder and every subsequent Securityholder of that Security, even if notation of the consent, waiver or action is not made on such Security. However, any such Securityholder or subsequent Securityholder may revoke the consent, waiver or action as to such Securityholder’s Security if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder of the affected series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders entitled to consent to any amendment or waiver. If a record date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 17 contracts

Samples: Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Digihost Technology Inc.)

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Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of that Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 16 contracts

Samples: Indenture (Litton Industries Inc), Indenture (Litton Industries Inc), Indenture (Apartment Investment & Management Co)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders Holders becomes effective, a consent to it or any other action by a Securityholder Holder of any series a Debenture hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityDebenture or portion of the Debenture that evidences the same obligation as the consenting Holder's Debenture, even if notation of the consent, waiver or action is not made on such SecurityDebenture. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Security Holder's Debenture or portion of the Debenture if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected Debentures then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Debentures of the related series, except as provided in Section 9.029.02 hereof. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Debentures or holders of Preferred Securities, as applicable, on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders such after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date.

Appears in 9 contracts

Samples: Indenture (Public Service Electric & Gas Co), Indenture (Public Service Enterprise Group Inc), Indenture (Public Service Enterprise Group Inc)

Revocation and Effect of Consents, Waivers and Actions. (a) Until an amendment, waiver or other action by Securityholders Holders becomes effective, a consent to it or any other action by a Securityholder Holder of any series a Debenture hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityDebenture or portion of the Debenture that evidences the same obligation as the consenting Holder's Debenture, even if notation of the consent, waiver or action is not made on such SecurityDebenture. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Security Holder's Debenture or portion of the Debenture if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected Debentures then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Debentures of the related series, except as provided in Section 9.02. 9.02 hereof. (b) The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Debentures or holders of Trust Preferred Securities, as applicable, on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders such after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date.

Appears in 9 contracts

Samples: Junior Indenture (Heco Capital Trust I), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Heco Capital Trust Ii)

Revocation and Effect of Consents, Waivers and Actions. (a) Until an amendment, waiver or other action by Securityholders Holders becomes effective, a consent to it or any other action by a Securityholder Holder of any series a Debenture hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityDebenture or portion of the Debenture that evidences the same obligation as the consenting Holder’s Debenture, even if notation of the consent, waiver or action is not made on such SecurityDebenture. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security Debenture or portion of the Debenture if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected Debentures then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Debentures of the related series, except as provided in Section 9.02. . (b) The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Debentures or holders of Trust Preferred Securities, as applicable, on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders such after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date.

Appears in 5 contracts

Samples: Junior Indenture (Maui Electric Co LTD), Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, supplement, waiver or other action by Securityholders Holders becomes effective, a consent to it consent, waiver or any other action by a Securityholder Holder of any series a Debenture hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityDebenture or portion of the Debenture that evidences the same obligation as the consenting Holder's Debenture, even if notation of the consent, waiver or action is not made on such SecurityDebenture. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Security Holder's Debenture or portion of the Debenture if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected Debentures then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Debentures of the related series, except as provided in Section 9.029.2. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Debentures on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders such after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date.

Appears in 5 contracts

Samples: Indenture (Anthem Inc), Indenture (Prudential Financial Inc), Indenture (Anthem Inc)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders becomes effective, a A consent to it an amendment or any other action a waiver by a Securityholder Holder of any series hereunder is a continuing consent by such Securityholder Note shall bind the Holder and every subsequent Securityholder Holder of that SecurityNote or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent, consent or waiver or action is not made on such Securitythe Note. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, consent or waiver or action as to such SecurityholderHolder’s Security Note or portion of the Note if the Trustee receives the notice of revocation before the consent of date the requisite aggregate principal amount of supplemental indenture setting forth the Securities of such series affected then outstanding has been obtained and not revokedamendment or waiver becomes effective. After an amendment, amendment or waiver or action becomes effective, it shall bind every Securityholder Holder. An amendment or waiver becomes effective in accordance with the terms of the affected seriessupplemental indenture, except as provided in Section 9.02which shall become effective upon the execution thereof by the Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to give their consent or take any other action described above or required or permitted to any amendment or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, then those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date.

Appears in 4 contracts

Samples: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Notes becomes effective, a consent to it or any other action by a Securityholder Holder of any a Note of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityNote or portion of that Note that evidences the same obligation as the consenting Holder’s Note, even if notation of the consent, waiver or action is not made on such Securitythe Note. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security Note or portion of the Note if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities Notes of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Notes of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Notes. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Notes of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 3 contracts

Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders becomes effective, a A consent to it an amendment or any other action a waiver by a Securityholder Holder of any series hereunder is a continuing consent by such Securityholder Note shall bind the Holder and every subsequent Securityholder Holder of that SecurityNote or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent, consent or waiver or action is not made on such Securitythe Note. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, consent or waiver or action as to such SecurityholderHolder’s Security Note or portion of the Note if the Trustee receives the written notice of revocation before the consent of date the requisite aggregate principal amount of supplemental indenture setting forth the Securities of such series affected then outstanding has been obtained and not revokedamendment or waiver becomes effective. After an amendment, amendment or waiver or action becomes effective, it shall bind every Securityholder Holder. An amendment or waiver becomes effective in accordance with the terms of the affected seriessupplemental indenture, except as provided in Section 9.02which shall become effective upon the execution thereof by the Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to give their consent or take any other action described above or required or permitted to any amendment or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, then those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 120 calendar days after such record date.

Appears in 3 contracts

Samples: Indenture (Castle a M & Co), Indenture (Mindspeed Technologies, Inc), Indenture (Castle a M & Co)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders becomes effective, a A consent to it an amendment or any other action a waiver by a Securityholder Holder of any series hereunder is a continuing consent by such Securityholder Security shall bind the Holder and every subsequent Securityholder Holder of that Security or portion of the Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent, consent or waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, consent or waiver or action as to such SecurityholderHolder’s Security or portion of the Security if the Trustee receives the notice of revocation before the consent of date the requisite aggregate principal amount of the Securities of such series affected then outstanding has been obtained and not revokedamendment or waiver becomes effective. After an amendment, amendment or waiver or action becomes effective, it shall bind every Securityholder Holder. An amendment or waiver becomes effective upon the execution of such amendment or waiver by the affected series, except as provided in Section 9.02Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to give their consent or take any other action described above or required or permitted to any amendment or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date.

Appears in 2 contracts

Samples: Indenture (American Realty Capital Properties, Inc.), Indenture (CapLease, Inc.)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders becomes effective, a A consent to it an amendment or any other action a waiver by a Securityholder Holder of any series hereunder is a continuing consent by such Securityholder Note shall bind the Holder and every subsequent Securityholder Holder of that SecurityNote or portion of the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent, consent or waiver or action is not made on such Securitythe Note. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, consent or waiver or action as to such Securityholder’s Security Holder's Note or portion of the Note if the Trustee receives the notice of revocation before the consent of date the requisite aggregate principal amount of the Securities of such series affected then outstanding has been obtained and not revokedamendment or waiver becomes effective. After an amendment, amendment or waiver or action becomes effective, it shall bind every Securityholder Holder. An amendment or waiver becomes effective upon the execution of such amendment or waiver by the affected series, except as provided in Section 9.02Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to give their consent or take any other action described above or required or permitted to any amendment or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Great Atlantic & Pacific Tea Co Inc), Supplemental Indenture (Great Atlantic & Pacific Tea Co Inc)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of that Security that evidences the same obligation as the consenting Holder’s Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security or portion of the Security if the Trustee receives the notice of revocation before the Issuer or an agent of the Issuer certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 2 contracts

Samples: Short Term Notes Indenture, Short Term Notes Indenture

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of that Security that evidences the same obligation as the consenting Holder’s Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security or portion of the Security if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date.

Appears in 1 contract

Samples: Supplemental Indenture (Prosper Funding LLC)

Revocation and Effect of Consents, Waivers and Actions. (a) Until an amendment, waiver or other action by Securityholders Holders becomes effective, a consent to it or any other action by a Securityholder Holder of any series a Security hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of the Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effectiveeffective in accordance with this Article 9, it shall bind every Securityholder. Any consent or waiver given by a Securityholder with respect to such matters shall bind each Securityholder giving such consent or waiver and every subsequent Holder of a Security or portion of a Security that evidences the affected series, except as provided in Section 9.02. same debt. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiver. If a record date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 calendar days after such record date.such

Appears in 1 contract

Samples: Indenture (Associated Materials Inc)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders Holders becomes effective, a consent to it or any other action by a Securityholder Holder of any series a Trust Debt Security hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Trust Debt Security or portion of the Trust Debt Security that evidences the same obligation as the consenting Holder’s Trust Debt Security, even if notation of the consent, waiver or action is not made on such Trust Debt Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Trust Debt Security or portion of the Trust Debt Security if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the such Trust Debt Securities of such series affected then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Trust Debt Securities of the related series, except as provided in Section 9.029.02 hereof. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Trust Debt Securities or holders of Preferred Trust Securities, as applicable, on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders such after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date.

Appears in 1 contract

Samples: Indenture (Southwest Gas Corp)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, an‌ amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of that Security that evidences the same obligation as the consenting Holder’s Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security or portion of the Security if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 1 contract

Samples: Borrower Payment Dependent Notes Indenture

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a Series of Notes becomes effective, a consent to it or any other action by a Securityholder Holder of any series a Note of that Series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityNote or portion of that Note that evidences the same obligation as the consenting Holder’s Note, even if notation of the consent, waiver or action is not made on such Securitythe Note. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security Note or portion of the Note if the Trustee Issuer receives the notice of revocation before the Issuer or an agent of the Issuer certifies to Noteholders that the consent of the requisite aggregate principal amount Principal Amount of the Securities Notes of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effectiveeffective with respect to a Series of Notes, it shall bind every Securityholder Holder of the affected series, except as provided in Section 9.02Notes of that Series. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a Series of Notes. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders of Notes of that series at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 1 contract

Samples: Medium Term Notes Issuance Agreement

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, supplement, waiver or other action by Securityholders Holders becomes effective, effective a consent to it or any other action by a Securityholder Holder of any series the Notes hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of the Notes or portion of the Notes that Securityevidences the same obligation as the consenting Xxxxxx's Notes or portion thereof, even if notation of the consent, waiver or action is not made on such Securitythe Notes. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Security Holder's Notes or portion of the Notes if the Trustee receives the notice of revocation before the consent of the requisite aggregate then outstanding principal amount of the Securities of such series affected then outstanding Notes has been obtained and not revokedbecomes effective. After an amendment, supplement, waiver or action becomes effective, it shall bind every Securityholder of the affected seriesNoteholder, except as provided in Section 9.029.2 hereof. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), subject to Section 9.7 and excluding Affiliates of the Company, and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 30 days after such record date., unless consents from holders of the then outstanding principal amount of the Notes required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 30-day period. SECTION

Appears in 1 contract

Samples: Indenture (World Financial Properties L P)

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Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of that Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may 45 revoke the consent, waiver or action as to such Securityholder’s Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 1 contract

Samples: Indenture (Disney Capital Trust I)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, supplement, waiver or other action by Securityholders Holders becomes effective, a consent to it consent, waiver or any other action by a Securityholder Holder of any series a Debenture hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityDebenture or portion of the Debenture that evidences the same obligation as the consenting Holder's Debenture, even if notation of the consent, waiver or action is not made on such SecurityDebenture. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Security Holder's Debenture or portion of the Debenture if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected Debentures then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Debentures of the related series, except as provided in Section 9.029.2. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Debentures on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendmentamend ment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders such after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date.

Appears in 1 contract

Samples: Indenture (Metlife Capital Trust I)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a Series of Notes becomes effective, a consent to it or any other action by a Securityholder Holder of any a Note of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityNote or portion of that Note that evidences the same obligation as the consenting Holder’s Note, even if notation of the consent, waiver or action is not made on such Securitythe Note. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security Note or portion of the Note if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities Notes of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Notes of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a Series of Notes. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders of Notes of that series at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of that Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the Company or the Guarantor (if the Securities are Guaranteed Securities) or an agent of the Company or the Guarantor, as the case may be, certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company or the Guarantor (if the Securities are Guaranteed Securities) may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 1 contract

Samples: Indenture (Aimco Properties Lp)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, supplement, waiver or other action by Securityholders Holders becomes effective, a consent to it consent, waiver or any other action by a Securityholder Holder of any series a Debenture hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityDebenture or portion of the Debenture that evidences the same obligation as the consenting Holder's Debenture, even if notation of the consent, waiver or action is not made on such SecurityDebenture. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Security Holder's Debenture or portion of the Debenture if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected Debentures then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Debentures of the related series, except as provided in Section 9.029.2. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Debentures on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendmentamend ment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.not

Appears in 1 contract

Samples: Indenture (Metlife Capital Trust I)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a Series of Notes becomes effective, a consent to it or any other action by a Securityholder Holder of any a Note of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that SecurityNote or portion of that Note that evidences the same obligation as the consenting Holder’s Note, even if notation of the consent, waiver or action is not made on such Securitythe Note. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security Note or portion of the Note if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities Notes of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Notes of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a Series of Notes. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Notes of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder subse- quenx Xxxxxx xx that Security or portion of that Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 1 contract

Samples: Indenture (Aimco Properties Lp)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, waiver or other action by Securityholders Holders becomes effective, a consent to it consent, waiver or any other action by a Securityholder Holder of any series a Security hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of the Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on such Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the such Securities of such series affected then outstanding Outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of the related series, except as provided in Section 9.02902. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Securityholders Persons entitled to consent to any amendment or waiver. If a record date Record Date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders at only Holders of Securities on such record date (Record Date or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders such after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record dateRecord Date.

Appears in 1 contract

Samples: Indenture (Hercules Inc)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, supplement, waiver or other action by Securityholders Holders becomes effective, effective a consent to it or any other action by a Securityholder Holder of any series the Notes hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of the Notes or portion of the Notes that Securityevidences the same obligation as the consenting Holder's Notes or portion xxxxxof, even if notation of the consent, waiver or action is not made on such Securitythe Notes. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Security Holder's Notes or portion of the Notes if the Trustee receives the notice of revocation before the consent of the requisite aggregate then outstanding principal amount of the Securities of such series affected then outstanding Notes has been obtained and not revokedbecomes effective. After an amendment, supplement, waiver or action becomes effective, it shall bind every Securityholder of the affected seriesNoteholder, except as provided in Section 9.029.2 hereof. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), subject to Section 9.7 and excluding Affiliates of the Company, and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 30 days after such record date, unless consents from holders of the then outstanding principal amount of the Notes required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 30-day period.

Appears in 1 contract

Samples: Indenture (World Financial Properties L P)

Revocation and Effect of Consents, Waivers and Actions. (a) Until an amendment, waiver or other action by Securityholders Holders becomes effective, a consent to it or any other action by a Securityholder Holder of any series a Security hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of the Security that evidences the same obligation as the consenting Holder's Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such Securityholder’s Holder's Security or portion of the Security if the Trustee receives the notice of revocation before the consent of the requisite aggregate principal amount of the Securities of such series affected then outstanding has been obtained and not revoked. After an amendment, waiver or action becomes effectiveeffective in accordance with this Article 9, it shall bind every Securityholder. Any consent or waiver given by a Securityholder with respect to such matters shall bind each Securityholder giving such consent or waiver and every subsequent Holder of a Security or portion of a Security that evidences the affected series, except as provided in Section 9.02. same debt. (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiver. If a record date is fixed, then, notwithstanding the first two sentences of the immediately preceding paragraph, those persons Persons who were Securityholders Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 calendar days after such record datedate unless such amendment or waiver shall have become effective in accordance with terms of this Article 9.

Appears in 1 contract

Samples: Indenture (Associated Materials Inc)

Revocation and Effect of Consents, Waivers and Actions. Until an amendment, amendment or waiver or other action by Securityholders with respect to a series of Securities becomes effective, a consent to it or any other action by a Securityholder Holder of any a Security of that series hereunder is a continuing consent by such Securityholder the Holder and every subsequent Securityholder Holder of that Security or portion of that Security that evidences the same obligation as the consenting Holder’s Security, even if notation of the consent, waiver or action is not made on such the Security. However, any such Securityholder Holder or subsequent Securityholder Holder may revoke the consent, waiver or action as to such SecurityholderHolder’s Security or portion of the Security if the Trustee receives the notice of revocation before the Company or an agent of the Company certifies to the Trustee that the consent of the requisite aggregate principal amount Principal Amount of the Securities of such that series affected then outstanding has been obtained and not revokedobtained. After an amendment, waiver or action becomes effective, it shall bind every Securityholder Holder of the affected Securities of that series, except as provided in Section 9.02. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Securityholders Holders entitled to consent to any amendment or waiverwaiver with respect to a series of Securities. If a record date is fixed, then, then notwithstanding the first two sentences of the immediately preceding paragraph, those persons who were Securityholders Holders of Securities of that series at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Securityholders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Appears in 1 contract

Samples: Indenture (Semble, Inc.)

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