Common use of Ability to Make Clause in Contracts

Ability to Make. The Trustee, or the Company with the approval of the Trustee, may from time to time make or vary such regulations as it thinks fit: (i) for the form of instrument appointing a proxy, the manner in which it must be executed and verification of the authority of a person who executes it on behalf of a Special Warrantholder; (ii) governing the places at which and the times by which voting certificates or instruments appointing proxies must be deposited; (iii) generally for the calling of meetings of Special Warrantholders and the conduct of business thereof; (iv) for the issue of voting certificates by any bank, trust company or other depositary satisfactory to the Trustee stating that the Special Warrant Certificates specified therein have been deposited with it by a named person and will remain on deposit until after the meeting, which voting certificate will entitle the persons named therein to be present and vote at any such meeting and at any adjournment thereof or to appoint a proxy or proxies to represent them and vote for them at any such meeting and at any adjournment thereof in the same manner and with the same effect as though the persons so named in such voting certificates were the actual holders of the Special Warrant Certificates specified therein; and (v) for the deposit of voting certificates and instruments appointing proxies at some approved place or places other than the place at which the meeting is to be held and authorizing particulars of such instruments appointing proxies to be sent by mail, facsimile or other means of prepaid, transmitted, recorded communication before the meeting to the Company or to the Trustee at the place where the meeting is to be held and for voting pursuant to instruments appointing proxies so deposited as though the instruments themselves were produced at the meeting. Any regulations so made will be binding and effective and the votes given in accordance therewith will be valid and will be counted.

Ability to Make. The Trustee, or the Company Corporation with the approval of the Trustee, may from time to time make or vary such regulations as it thinks fit: (i) for the form of instrument appointing a proxy, the manner in which it must be executed and verification of the authority of a person who executes it on behalf of a Special Warrantholder; (ii) governing the places at which and the times by which voting certificates or instruments appointing proxies must be deposited; (iii) generally for the calling of meetings of Special Warrantholders and the conduct of business thereof; (iv) for the issue of voting certificates by any bank, trust company or other depositary satisfactory to the Trustee stating that the Special Warrant Certificates specified therein have been deposited with it by a named person and will remain on deposit until after the meeting, which voting certificate will shall entitle the persons named therein to be present and vote at any such meeting and at any adjournment thereof or to appoint a proxy or proxies to represent them and vote for them at any such meeting and at any adjournment thereof in the same manner and with the same effect as though the persons so named in such voting certificates were the actual holders bearers of the Special Warrant Certificates specified therein; and (v) for the deposit of voting certificates and instruments appointing proxies at some approved place or places other than the place at which the meeting is to be held and authorizing enabling particulars of such instruments appointing proxies to be sent by mail, facsimile telecopier or other means of prepaid, transmitted, recorded communication before the meeting to the Company Corporation or to the Trustee at the place where the meeting is to be held and for voting pursuant to instruments appointing proxies so deposited as though the instruments themselves were produced at the meeting. Any regulations so made will be binding and effective and the votes given in accordance therewith will be valid and will be counted.

Ability to Make. The Trustee, or the Company Corporation with the approval of the Trustee, may from time to time make or vary such regulations as it thinks fit: (i) for the form of instrument appointing a proxy, the manner in which it must be executed and verification of the authority of a person who executes it on behalf of a Special Warrantholder; (ii) governing the places at which and the times by which voting certificates or instruments appointing proxies must be deposited; (iii) generally for the calling of meetings of Special Warrantholders and the conduct of business thereof; (iv) for the issue of voting certificates by any bank, trust company or other depositary depository satisfactory to the Trustee stating that the Special Warrant Certificates specified therein have been deposited with it by a named person and will remain on deposit until after the meeting, which voting certificate will entitle the persons named therein to be present and vote at any such meeting and at any adjournment thereof or to appoint a proxy or proxies to represent them and vote for them at any such meeting and at any adjournment thereof in the same manner and with the same effect as though the persons so named in such voting certificates were the actual holders of the Special Warrant Certificates specified therein; and (v) for the deposit of voting certificates and instruments appointing proxies at some approved place or places other than the place at which the meeting is to be held and authorizing particulars of such instruments appointing proxies to be sent by mail, facsimile or other means of prepaid, transmitted, recorded communication before the meeting to the Company Corporation or to the Trustee at the place where the meeting is to be held and for voting pursuant to instruments appointing proxies so deposited as though the instruments themselves were produced at the meeting. Any regulations so made will be binding and effective and the votes given in accordance therewith will be valid and will be counted.