HomeMy WebLinkAbout0040 1:9 ;
i
i
deposit with such trust company, bank, banker or other depositary
the Bonds described in such certificate if such certificate
shall be de~aned by the Trustee to be satisfactory. The Issuer, ;
the Company and the Trustee may nevertheless, in their separate
discretion, require further proof in cases where they or one of
them shall deem further proof desirable.
(C) The owriership of fully registered Bonds and of
coupon Bonds registered as to principal shall be proved by
the registration books kept under the provisions of the
Resolution.
Nothing contained in this 5ection shall be construed
as limiting the Trustee to the proof above specified, it being
intended that the Trustee may accept any other. evidence of
the matters herein stated which to it may seem sufficient. ~
Any request or consent of the holder of any Bond shall bind
every tuture holder of the same Bond in respect of anything
.done by the Trustee in pursuance of such request or consent. ~
Section 9.19. DETERMINATION OF BONDS OUTSTANDING.
In determining whether the holders of the requisite aggregate
principal of Bonds have concurred in any.demand, request,
direction, consent or waiver under this Agreement, Bonds which
are owned by the Company or by any other obligor on the Bonds
or guarantor thereof or of the performance of this Agreement,
or by any person directly or indirectly controlling or controlled
by or under common control with the Company or any other obligor
on the Bonds or guarantor thereof or of the performance of
this Agreement shall be disregarded and deemed not to be
outstanding for the purpose of any such determination; provided
that for the purpose of determining whether the~Trustee shall
be protected in relying on any such demand, request, direction,
consent or waiver only Bonds which the Trustee knows to be so
owned shall be disregarded. Bonds so owned which have been
pledged in good faith may be regarded as outstanding for the
purposes of this Section if the pledgee shall establish to the
satisfaction of the Trustee the pledgee's right to vote such
Bonds and that the pledgee is not a person directly or indirectly
controlling or controlled by or under common control with the
Company or any other obligor on the Bonds or guarantor thereof
or of the performance of this Agreement. In case of a dispute
as to such right, any decision by the Trustee taken upon the
advice of counsel shall be full protection to the Trustee. •
Section 9.20. AGREEMENT APPLIES EQUALLY TO RESOLUTION.
All rights, immunities, privileges and limitations on liability
set forth as to the Trustee under this Agreement apply equally
to the Trustee's responsibility under the Resolution.
;
s
~
~
i
38 ,
~
~~~3 ~ ~ . ,
~ - -
t
- _ :