HomeMy WebLinkAbout0097 each recording office where this Agreement shall have been `
filed or recorded.
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Section 9.18. INSTRIJPtENTS AND DOCUMENTS OF BONDHOLDERS. ;
Any request, direction, consent or other instrument in writing a
signed or executed by the bondholders may be in any number 1
of concurrent instruments of similar tenor and may be signed
or executed by such bondholders in person or by agent duly ~ ,
appointed•by an instrument in writing.._Proof of the execution
of any such instrument and of the ownership of the Bonds -
shall be sufficient for any purpose of this Agreement and
shall be conclusive in favor of the Trustee with regard to
any action taken by it under each instrument if made in the
followinq manner: .
(A) The fact and date of the execution by any person
of any such instrument may be proved by the certificate of
any officer in any jurisdiction who, by the laws thereof,
has power to take acknowledgments of deeds to be recorded -
within such jurisdiction, to the effect that the person signing
such instrument acknowledged to hi.m the execution thereof,
or by an affidavit of a witness ta such execution.
(B) The fact of the holding of Bonds by any bondholder
and the amount and the numbers of such Bonds and the date
of his holding the same (unless such Bonds be registered)
may be proved by the affidavit of the person claiming to
be such holder if such affidavit shall be deemed by the Trustee
to be satisfactory, or by a_certificate issued by any trust
company, bank, banker, or any other depositary wherever situated
s~lowing that at the date therein mentioned such person had
on deposit with such trust comnany, bank, banker or other~ ~
depositary the Bonds described in such certificate if such
certificate shall be deemed 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 ownership 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 Section 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.
i Any request or consent of the holder of any Bond shall bind
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~ every future holder of the same Bond in respect of anything `
; done by the Trustee in pursuance of such request or consent. ~
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~ 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, s
! 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 auarantor 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
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