Serial Meetings Sample Clauses
Serial Meetings. (a) If any business to be transacted at a meeting of Noteholders or any action to be taken or power to be exercised by instrument in writing under Section 11.17 especially affects the rights of the Noteholders of one or more Series in a manner or to an extent differing from that in which it affects the rights of the Noteholders of any other Series, then:
(i) reference to such fact, indicating the Notes of each Series so especially affected, shall be made in the notice of such meeting and the meeting shall be and is herein called a “serial meeting”;
(ii) the Noteholders of a Series so especially affected shall not be bound by any action taken or power exercised at a serial meeting unless in addition to the other provisions of this Article 11:
(A) there are present in person or represented by proxy at such meeting holders of at least 25% (or, for the purpose of passing an Extraordinary Resolution, more than 50%) of the aggregate principal amount of the Notes of such Series then outstanding, subject to this Article 11 with respect to adjourned meetings; and
(B) the resolution is passed by the favourable votes of the holders of more than 50% in the case of an Ordinary Resolution (or, in the case of an Extraordinary Resolution, not less than 66⅔%) of the aggregate principal amount of Notes of such Series voted on the resolution; and
(iii) the Noteholders of a Series so especially affected shall not be bound by any action taken or power exercised by instrument in writing under Section 11.17 unless, in addition to the other provisions of this Article 11, such instrument is signed in one or more counterparts by the holders of more than 50%, in the case of an Ordinary Resolution, or not less than 66⅔%, in the case of an Extraordinary Resolution, of the aggregate principal amount of the Notes of such Series then outstanding.
(b) Notwithstanding anything herein contained, any covenant or other provision contained herein which is expressed to be effective only so long as any Notes of a particular Series remain outstanding may be modified by the required resolution or consent of the Noteholders of such Series in the same manner as if the Notes of such Series were the only Notes outstanding hereunder. In addition, if any business to be transacted at any meeting or any action to be taken or power to be exercised by instrument in writing does not adversely affect the rights of the Noteholders of one or more particular Series, this Article 11 shall apply as if the Notes of...
Serial Meetings. If the business to be transacted at any meeting by resolution, extraordinary or otherwise, especially affects the rights of the Holders of any Series or part of a Series of Trust Notes in a manner or to an extent substantially differing from that in or to which the rights of the Holders of any other Series or part thereof are affected, then reference to such fact indicating each Series or part of a Series so especially affected shall be made in the notice of the meeting and the meeting shall be and be deemed to be and is herein referred to as a serial meeting.
Serial Meetings. (a) If any business to be transacted at a meeting of Debt Security holders, or any action to be taken or power to be exercised by instrument in writing under Section 9.14, especially affects the rights of the holders of Debt Securities of one or more series in a manner or to an extent substantially differing from that in which it affects the rights of the holders of Debt Securities of any other series (as to which an opinion of Counsel delivered to the Trustee shall be binding on all Debt Security holders, the Trustee and the Corporation for the purposes hereof), then:
(i) reference to such fact, indicating each series so especially affected, shall be made in the notice of such meeting and the meeting shall be and is herein called a "serial meeting";
(ii) the holders of Debt Securities of a series so especially affected shall not be bound by any action taken at a serial meeting unless in addition to compliance with the other provisions of this Article:
(A) there are present in person or by proxy at the said meeting holders of at least 25% (or, for the purpose of passing any extraordinary resolution, a majority) in principal amount of the outstanding Debt Securities of such series, subject to the provisions of this Article as to adjourned meetings;
(B) the resolution is passed by the favourable votes of the holders of at least a majority (or, in the case of an extraordinary resolution, not less than 66 2/3%) of the principal amount of Debt Securities of such series voted on the resolution; and
(iii) the holders of Debt Securities of a series so especially affected shall not be bound by any action taken or power exercised by instrument in writing under Section 9.14 unless such instrument is signed in one or more counterparts by the holders of 66 2/3% of the principal amount of outstanding Debt Securities of such series.
(b) If in the opinion of Counsel delivered to the Trustee any business to be transacted at any meeting or any action to be taken or power to be exercised by instrument in writing under Section 9.14 does not adversely affect the rights of the holders of Debt Securities of one or more particular series, the provisions of this Article 9 shall apply as if the Debt Securities of such series were not outstanding and no notice of any such meeting need be given to the holders of the Debt Security of such series.
Serial Meetings. If any business to be transacted at a meeting of Debentureholders, or any action to be taken or power to be exercised by instrument in writing under Section 9.15, especially affects the rights of the holders of Debentures of one or more series or maturities in a manner or to an extent substantially differing from that in or to which it affects the rights of the holders of Debentures of any other series or maturity (as to which an opinion of counsel shall be binding on all Debentureholders, the Trustee and the Corporation for all purposes hereof) then:
Serial Meetings. SUPPLEMENTAL INDENTURES 10.1 Provisions for Supplemental Indentures for Certain Purposes...........53
Serial Meetings. If any business to be transacted at a meeting of Holders, or any action to be taken or powers to be exercised by instrument in writing under Section 4.15, is to be taken in respect of or especially affects the rights of the holders of the Securities of one or more series in a manner or to an extent differing from that in which it affects the rights of the holders of Securities of any other series then:
a) reference to such fact, indicating each series involved or affected shall be made in the notice of such meeting and the meeting shall be and is herein called a “serial meeting”; and
b) the holders of Securities of a series involved or so especially affected shall not be bound by any action taken at a serial meeting under Section 4.15 unless, in addition to the other provisions of this Article 4, there are present in person or by proxy at the said meeting holders of at least 50% in principal amount of the outstanding Securities of the series involved or so especially affected, subject to the provisions of this Article 4 as to adjourned meetings, and the resolution is passed by the favourable votes of the holders of at least a majority of the principal amount of Securities of the series involved or so especially affected.
c) the holders of Securities of a series involved or so especially affected shall not be bound by any action taken by any instrument in writing under Section 4.15 unless in addition to the other provisions of this Article 4, the resolution is agreed to by at least a majority of the principal amount of Securities of the series involved or so especially affected.
Serial Meetings. 54 ARTICLE FOURTEEN Supplemental Indentures 14.01 Execution of Supplemental Indentures ............................... 56 ARTICLE FIFTEEN Concerning the Trustee
Serial Meetings. 52 Section Page ------- ---- ARTICLE FOURTEEN Supplemental Indentures
Serial Meetings. 53 ARTICLE 12
Serial Meetings. If the business to be transacted at any meeting especially affects the rights of the Holders of any series of Securities in a manner or to an extent substantially differing from that in or to which the rights of the Holders of any other series thereof are affected (as to which an Opinion of Counsel shall be binding on all Holders, the Trustee and the Company), then
(1) reference to such fact, indicating each series so especially affected, shall be made in the notice of the meeting and the meeting shall be called a “Serial Meeting”; and
(2) the Holders of Securities of a series so especially affected shall not be bound by any resolution taken at the Serial Meeting unless, in addition to compliance with the other provisions of this Article Nine, at such Serial Meeting (i) there are two or more Holders present in person or represented by proxy and representing at least 25% in principal amount of the Outstanding Securities of such series, subject to the provisions of this Article Nine as to adjourned meetings, and (ii) the resolution is adopted by the favorable votes of Holders of not less than 50% in principal amount of the Outstanding Securities of such series represented and voted thereon at such meeting.