679 - Laserfiche WebLink

Home Browse Search

ARTICLE XIV MISCELLANEOUS Sect_ior. 1.401. Any request, direction, objection or other instrument required by this Indenture to be signed and executed by the bondholders may be in any number of cc-icurrent writings of simi- lar tenor and may be signed or executed by such bondholders in person or by agent appointed in writing. Proof of the execution of any such request, directions, objection or other instrument or of the writing appointing any such agent and of the cwnership of bonds, if made in the following manner, shall be sufficient for any of the purposes of this Indenture, and shall be conclusive in favor of the Trustee with regard to any action taken by it under such request or other instru- ment, namely: (a) The fact and date of the execution by any person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such writing acknowledged before him the execution thereof, or by an affidavit of any witness to such execution. (b) The fact of the holding; by any person of bonds and/or coupons transferable by delivery and the amounts and numbers of such bonds, and the date of the holding of the same, may be proved by a certificate executed by any trust company, bank or bankers, wherever situated, stating that at the date thereof the party named therein did exhibit to an officer of such trust company or bank or to such banker, as the property of such party, the bonds and/or coupons therein mentioned if such certificate shall be deemed by the Trustee to be satisfactory. The Trustee may, in its discretion, require evidence that such bonds have been deposited with a bank, bankers or trust company, before taking any action based on such ownership. For all purposes of the Indenture and of the proceedings a