Page:United States Statutes at Large Volume 53 Part 2.djvu/688

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PUBLIC LAWS-CH. 411-AUG. 3, 1939 Stock, etc., og core- "(5) the ownership of stock or of other securities of a cor- banking. poration organized under the provisions of section 25 (a) of the 41 Stat. 378. 12US.C.§ 11- Federal Reserve Act, as amended, which is directly or indirectly 63; upp. IV, 613- a creditor of an obligor upon the indenture securities; or Self-liquidating pa- "(6) the acquisition, ownership, acceptance, or negotiation of per, any drafts, bills of exchange, acceptances, or obligations which fall within the classification of self-liquidating paper as defined in the indenture. coepnyiretc.d ldnue (C) In the exercise by the Commission of any jurisdiction under or sale ofsecurities the Public Utility Holding Company Act of 1935 regarding the issue No adverse action to be taken in certain or sale, by any registered holding company or a subsidiary company 49 Stat. 803 . thereof, of any security of such issuer or seller or of any other com- 15 .s.c., s upp. pany to a person which is trustee under an indenture or indentures IV, ch.2C. of such issuer or seller or other company, or of a subsidiary or asso- ciate company or affiliate of such issuer or seller or other company (whether or not such indenture or indentures are qualified or to be qualified under this title), the fact that such trustee will thereby become a creditor, directly or indirectly, of any of the foregoing shall not constitute a ground for the Commission taking adverse action with respect to any application or declaration, or limiting the scope of any rule or regulation which would otherwise permit such panere endenguC l transaction to take effect; but in any case in which such trustee is trusteefor debtor. trustee under an indenture of the company of which it will thereby become a creditor, or of any subsidiary company thereof, this subsec- tion shall not prevent the Commission from requiring (if such requirement would be authorized under the provisions of the Public Agreement to be Utility Holding Company Act of 1935) that such trustee, as such, bound by provisions of designated sections. shall effectively and irrevocably agree in writing, for the benefit of the holders from time to time of the securities from time to time out- standing under such indenture, to be bound by the provisions of this section, subsection (c) of section 315, and, in case of default (as such term is defined in such indenture), subsection (d) of section 315, as fully as though such provisions were included in such indenture. Tersen. For the purposes of this subsection the terms 'registered holding com- any', 'subsidiary company, associate company', and 'affiliate shall 49 stat. 804. ,aSuty ctive n' 'aanaia shall 15 U. S . C . Supp. have the respective meanings assigned to such terms in section 2 (a) IV, I 79b (a). of the Public Utility Holding Company Act of 1935. " BONDHOLDERS LISTS Periodic filing of "SEC. 312. (a) The indenture to be qualified shall contain provi- information by obli- gor with trustee. sions requiring each obligor upon the indenture securities to furnish or cause to be furnished to the institutional trustee thereunder at stated intervals of not more than six months, and at such other times as such trustee may request in writing, all information in the posses- sion or control of such obligor, or of any of its paying agents, as to the names and addresses of the indenture security holders, and requir- ing such trustee to preserve, in as current a form as is reasonably practicable, all such information so furnished to it or received by it in the capacity of paying agent. AcceSsthereto "(b) The indenture to be qualified shall also contain provisions requiring that, within five business days after the receipt by the insti- tutional trustee of a written application by any three or more inden- ture security holders stating that the applicants desire to communi- cate with other indenture security holders with respect to their rights under such indenture or under the indenture securities, and accom- panied by a copy of the form of proxy or other communication which such applicants propose to transmit, and by reasonable proof that each such applicant has owned an indenture security for a period 1164 [53 STAT.