Common use of Amendment; Termination Clause in Contracts

Amendment; Termination. This Agreement may be amended at any time without notice to or approval of the Trust’s shareholders by a written instrument signed by the parties. Either party may terminate this Agreement and the Account upon 90 days' written notice to the other unless the parties agree on a different time period. Notwithstanding the foregoing, this Agreement may be terminated by either party upon the breach of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. In addition, the Trust may immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by regulatory authorities or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. In case such notice of termination is given either by the Trust or by the Custodian, the Trustees of the Trust shall, by resolution duly adopted, promptly appoint a successor Custodian (the “Successor Custodian”) which Successor Custodian shall be a bank, trust company, or a bank and trust company in good standing, with legal capacity to accept custody of the cash and Securities of a mutual fund. Upon receipt of written notice from the Trust of the appointment of such Successor Custodian and upon receipt of instructions, the Custodian shall deliver such cash and Securities as it may then be holding hereunder directly and only to the Successor Custodian. Unless or until a Successor Custodian has been appointed as above provided, the Custodian then acting shall continue to act as Custodian under this Agreement. Every Successor Custodian appointed hereunder shall execute and deliver an appropriate written acceptance of its appointment and shall thereupon become vested with the rights, powers, obligations and custody of its predecessor Custodian. The Custodian ceasing to act shall nevertheless, upon request of the Trust and the Successor Custodian and upon payment of its charges and disbursements, execute and instrument in form approved by its counsel transferring to the Successor Custodian all the predecessor Custodian’s rights, duties, obligations and custody. Subject to the provisions of Paragraph 20 hereof, in case the Custodian shall consolidate with or merge into any other corporation, the corporation remaining after or resulting from such consolidation or merger shall ipso facto without the execution of filing of any papers or other documents, succeed to and be substituted for the Custodian with like effect as though originally named as such, provided, however, in every case that said Successor corporation maintains the qualifications set out in Section 17(f) of the Act. In addition to the termination rights set forth above, the Administrator has the right to terminate this Agreement as provided in the Master Custodian Agreement.

Appears in 11 contracts

Samples: Custodian Agreement (Giordano Investment Trust), Custodian Agreement (Starboard Investment Trust), Custodian Agreement (Starboard Investment Trust)

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Amendment; Termination. This Agreement may be amended at any time without notice to or approval of the Trust’s shareholders by a written instrument signed by the parties. Either party may terminate this Agreement and the Account upon 90 days' written notice to the other unless the parties agree on a different time period. Notwithstanding the foregoing, this Agreement may be terminated by either party upon the breach of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. In addition, the Trust may immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by regulatory authorities or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. In case such notice of termination is given either by the Trust or by the Custodian, the Trustees of the Trust shall, by resolution duly adopted, promptly appoint a successor Custodian (the “Successor Custodian”) which Successor Custodian shall be a bank, trust company, or a bank and trust company in good standing, with legal capacity to accept custody of the cash and Securities of a mutual fund. Upon receipt of written notice from the Trust of the appointment of such Successor Custodian and upon receipt of instructions, the Custodian shall deliver such cash and Securities as it may then be holding hereunder directly and only to the Successor Custodian. Unless or until a Successor Custodian has been appointed as above provided, the Custodian then acting shall continue to act as Custodian under this Agreement. Every Successor Upon such termination, Custodian appointed hereunder shall execute deliver or cause to be delivered the Securities, less any amounts due and deliver owing to Custodian under this Agreement, to a successor custodian designated by Principal or, if a successor custodian has not accepted an appropriate written acceptance appointment by the effective date of its appointment and shall thereupon become vested with the rights, powers, obligations and custody of its predecessor Custodian. The Custodian ceasing to act shall nevertheless, upon request termination of the Trust and the Successor Account, to Principal. Upon completion of such delivery Custodian and upon payment shall be discharged of its charges and disbursements, execute and instrument in form approved by its counsel transferring any further liability or responsibility with respect to the Successor Custodian all the predecessor Custodian’s rights, duties, obligations and custodySecurities so delivered. Subject to the provisions of Paragraph 20 21 hereof, in case the Custodian shall consolidate with or merge into any other corporation, the corporation remaining after or resulting from such consolidation or merger shall ipso facto without the execution of filing of any papers or other documents, succeed to and be substituted for the Custodian with like effect as though originally named as such, provided, however, in every case that said Successor corporation maintains the qualifications set out in Section 17(f) of the Act. In addition to the termination rights set forth above, the Administrator has the right to terminate this Agreement as provided in the Master Custodian Agreement.

Appears in 3 contracts

Samples: Custodian Agreement (Financial Investors Trust), Custodian Agreement (DCA Total Return Fund), Custodian Agreement (Financial Investors Trust)

Amendment; Termination. This Agreement may shall be amended at any time without notice effective from April and shall continue in effect until December and shall continue automatically thereafter during annual periods of one year each, unless either party notifies the other in writing within ninety (90) days prior to the expiration date, that it desires to amend or approval terminate this Agreement. In the event of such notification being given as to amendment of the Trust’s shareholders by a written instrument signed by Agreement, negotiations between the partiesparties shall begin within fifteen (15) days following such notification. Either party may terminate If, pursuant to such negotiations, an agreement on the renewal or amendment of this Agreement and the Account upon 90 days' written notice is not reached prior to the other unless the parties agree on a different time period. Notwithstanding the foregoingcurrent expiration date, this Agreement may shall automatically be terminated by either party upon the breach extended until consummation of a new Agreement, or completion of the other party proceedings prescribed under The Labour Relations Act, of any material term the Province of this Agreement if such breach is not cured within 15 days Ontario, and The Hospital Labour Disputes Arbitration Act, as amended, whichever should first occur. DATED as of notice the of such breach to PARAGON HEALTH CARE INC. HEALTH CENTRE SERVICE EMPLOYEES INTER- NATIONAL UNION, LOCAL (NURSING HOME) SCHEDULE Wage Rates Effective April 1/97 April 1/98 Classifications and Aides Probation Start Year Years Probat ion Start Year Years Nurses Aide, Aide Probat ion Start Y e a r Years Probation Start Year Years Maintenance Probat ion Start Year Years ion Start Year Years Aide (Certified) Probation Start Year Years Activity Aides who hold a Health Care Aide Certificate or Recreation Certificate shall receive the breaching party. In addition, the Trust may immediately terminate this Agreement same rate of pay as those employees in the event Health Care Aide classification. The above rates include pay equity of cents. SCHEDULE B BETWEEN PARAGON HEALTH CARE INC. HEALTH CENTRE (NURSING HOME) and SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL The Employer and the Union agree that all provisions of the appointment of a conservator or receiver for Collective Agreement to which this Addendum is attached, shall be incorporated into the Custodian by regulatory authorities or upon addendum and be applicable to part-time employees as hereinafter defined, unless such provisions are specifically excluded in their application to part-time employees. The Employer and the happening of a like event at Union agree that the direction of an appropriate regulatory agency or court of competent jurisdiction. In case such notice of termination is given either by the Trust or by the Custodian, the Trustees following Articles of the Trust shall, by resolution duly adopted, promptly appoint a successor Custodian (the “Successor Custodian”) which Successor Custodian Collective Agreement shall be a bank, trust company, or a bank and trust company in good standing, with legal capacity apply to accept custody of the cash and Securities of a mutual fund. Upon receipt of written notice from the Trust of the appointment of such Successor Custodian and upon receipt of instructions, the Custodian shall deliver such cash and Securities as it may then be holding hereunder directly and only to the Successor Custodian. Unless or until a Successor Custodian has been appointed as above provided, the Custodian then acting shall continue to act as Custodian under this Agreement. Every Successor Custodian appointed hereunder shall execute and deliver an appropriate written acceptance of its appointment and shall thereupon become vested with the rights, powers, obligations and custody of its predecessor Custodianpart-time employees. The Custodian ceasing to act shall nevertheless, upon request of Employer recognizes the Trust and Union as the Successor Custodian and upon payment of sole collective bargaining agent for all its charges and disbursements, execute and instrument in form approved by employees its counsel transferring to the Successor Custodian all the predecessor Custodian’s rights, duties, obligations and custody. Subject to the provisions of Paragraph 20 hereof, in case the Custodian shall consolidate with or merge into any other corporation, the corporation remaining after or resulting from such consolidation or merger shall ipso facto without the execution of filing of any papers or other documents, succeed to and be substituted for the Custodian with like effect as though originally named as such, provided, however, in every case that said Successor corporation maintains the qualifications set out in Section 17(f) of the Act. In addition to the termination rights set forth above, the Administrator has the right to terminate this Agreement as provided Nursing Home in the Master Custodian AgreementCity of Toronto, save and except registered nurses, physio- therapists, occupational therapists, program director, supervisors, foremen, persons above the rank of supervisors or foremen, office staff and persons regularly employed for more than hours per week.

Appears in 1 contract

Samples: Collective Agreement

Amendment; Termination. This Agreement may be amended at any time without notice to or approval by a written amendment signed by all of the Trust’s shareholders Trustees and by registered holders of a majority of the voting trust certificates then outstanding; provided, however, that after each of XXXXXXX X. XXXXX, XXXXXXXX X. XXXXX and all individuals appointed as Trustees pursuant to the second paragraph of Section 11 shall cease to serve as Trustees hereunder, this Agreement may be amended by a written instrument signed by registered holders of a majority of the partiesvoting trust certificates then outstanding. Either party may terminate For all purposes of this Agreement and the Account upon 90 days' written notice Agreement, references to percentages of voting trust certificates outstanding shall refer to the other unless number of votes represented by the parties agree on shares of stock of the Company represented by such voting trust certificates. This Agreement may be terminated only by a different time period. Notwithstanding written instrument signed by all of the foregoingTrustees and registered holders of a majority of the voting trust certificates then outstanding; provided, however, that after each of XXXXXXX X. XXXXX, XXXXXXXX X. XXXXX and all individuals designated as Trustees pursuant to the second paragraph of Section 11 shall cease to serve as Trustees hereunder, this Agreement may be terminated by either party upon as provided above but without the breach consent of the other party of any material term Trustees. If not previously terminated in accordance with the terms hereof, this Agreement shall terminate ten (10) years from the date of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. In addition, the Trust may immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by regulatory authorities or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. In case such notice of termination is given either by the Trust or by the Custodian, the Trustees of the Trust shall, by resolution duly adopted, promptly appoint a successor Custodian (the “Successor Custodian”) which Successor Custodian shall be a bank, trust company, or a bank and trust company in good standing, with legal capacity to accept custody of the cash and Securities of a mutual fund. Upon receipt of written notice from the Trust of the appointment of such Successor Custodian and upon receipt of instructions, the Custodian shall deliver such cash and Securities as it may then be holding hereunder directly and only to the Successor Custodian. Unless or until a Successor Custodian has been appointed as above provided, the Custodian then acting shall continue to act as Custodian under this Agreement. Every Successor Custodian appointed hereunder shall execute and deliver an appropriate written acceptance of its appointment and shall thereupon become vested with the rights, powers, obligations and custody of its predecessor Custodian. The Custodian ceasing to act shall nevertheless, upon request of the Trust and the Successor Custodian and upon payment of its charges and disbursements, execute and instrument in form approved by its counsel transferring to the Successor Custodian all the predecessor Custodian’s rights, duties, obligations and custody. Subject to the provisions of Paragraph 20 hereof, in case the Custodian shall consolidate with or merge into any other corporation, the corporation remaining after or resulting from such consolidation or merger shall ipso facto without the execution of filing of any papers or other documents, succeed to and be substituted for the Custodian with like effect as though originally named as such, ; provided, however, that at any time within two (2) years prior to such date (or any subsequent date of termination fixed in every case accordance with the provisions hereof and applicable law), one or more of the persons designated in the following provisions of this Section 13 may, by written agreement, extend the duration of this Agreement for an additional term not exceeding 10 years from the expiration date as originally fixed or as last extended. The foregoing right of extension shall be exercisable by (i) any individual Stockholder living who holds one or more voting trust certificates and not subject to any incapacity at the time of the proposed extension, and if so exercised shall be binding upon any and all holders of voting trust certificates in respect of shares originally or subsequently deposited hereunder by such individual Stockholder, (ii) the trustee of any trust Stockholder that said Successor corporation maintains holds voting trust certificates who is living and not subject to any incapacity at the qualifications set out time of the proposed extension, and regardless of whether such trust is then still in Section 17(fexistence, and if so exercised shall be binding upon any and all holders of voting trust certificates in respect of shares originally or subsequently deposited hereunder by such trust Stockholder and any and all beneficiaries thereof or successors in interest thereto, and (iii) the holder of any voting trust certificate representing shares not covered by either of the preceding clauses (i) or (ii), and if so exercised shall be effective with respect to all shares represented by such voting trust certificate, it being understood that the provisions of clauses (i) or (ii) of the Act. In addition this paragraph (and not this clause (iii)) shall govern any extension with respect to shares referred to therein if and to the termination rights set forth above, the Administrator has the right extent a Stockholder referred to terminate therein is able to consent to such extension. Any such action to extend this Agreement shall be binding upon the Trustees, any Stockholder or other person consenting to such extension as provided above and all successors in interest of any such Stockholder or other person (including without limitation any holder of voting trust certificates representing shares deposited by any Stockholder consenting (or on whose behalf consent is given) to such extension in the Master Custodian Agreementmanner provided above). Extensions in accordance with this Section 13 (i) shall not be deemed to constitute the commencement of a new voting trust for purposes of the DGCL, (ii) shall be filed with the registered office of the Company in Delaware, as provided by law and (iii) shall not involve or require any transfer of shares as contemplated by the last paragraph of Section 5."

Appears in 1 contract

Samples: Voting Trust Agreement (Watts Industries Inc)

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Amendment; Termination. This Agreement may be amended by a written amendment signed by the number of Trustees authorized to take action at the relevant time under Section 10, or, if the Trustees (if more than one) do not concur with respect to any proposed amendment at any time without notice to or when any Trustee holds the Determination Power, then by the Trustee having the Determination Power, which approval shall constitute approval of all of the Trust’s shareholders Trustees then serving and, except as contemplated by Section 1, by registered holders of a majority of the voting trust certificates then outstanding; provided, however, that no such amendment shall modify or amend the provisions of the following two paragraphs without the written consent of each individual Depositor or the Trustee of each Trust Depositor who is living at the time of such proposed amendment. For all purposes of this Agreement, references to percentages of voting trust certificates outstanding shall refer to the number of votes represented by the shares of stock of the Company represented by such voting trust certificates. This Agreement may be terminated only by a written instrument signed by the parties. Either party may terminate this Agreement and number of Trustees authorized to take action at the Account upon 90 days' written notice relevant time under Section 1 or, if the Trustees (if more than one) do not concur with respect to any proposed termination at any time when any Trustee holds the other unless Determination Power, then by the parties agree on a different time period. Notwithstanding Trustee having the foregoingDetermination Power, this Agreement may be terminated by either party upon the breach which approval shall constitute approval of all of the other party Trustees, registered holders of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. In addition, the Trust may immediately terminate this Agreement in the event a majority of the appointment voting trust certificates then outstanding and each individual Depositor or the Trustee of a conservator or receiver for the Custodian by regulatory authorities or upon the happening of a like event each Trust Depositor who is living at the direction of an appropriate regulatory agency or court of competent jurisdiction. In case such notice of termination is given either by the Trust or by the Custodian, the Trustees time of the Trust shall, by resolution duly adopted, promptly appoint a successor Custodian (the “Successor Custodian”) which Successor Custodian shall be a bank, trust company, or a bank and trust company proposed termination. If not previously terminated in good standing, with legal capacity to accept custody of the cash and Securities of a mutual fund. Upon receipt of written notice from the Trust of the appointment of such Successor Custodian and upon receipt of instructions, the Custodian shall deliver such cash and Securities as it may then be holding hereunder directly and only to the Successor Custodian. Unless or until a Successor Custodian has been appointed as above provided, the Custodian then acting shall continue to act as Custodian under this Agreement. Every Successor Custodian appointed hereunder shall execute and deliver an appropriate written acceptance of its appointment and shall thereupon become vested accordance with the rights, powers, obligations and custody of its predecessor Custodian. The Custodian ceasing to act shall nevertheless, upon request of terms hereof (including under the Trust and the Successor Custodian and upon payment of its charges and disbursements, execute and instrument in form approved circumstances contemplated by its counsel transferring to the Successor Custodian all the predecessor Custodian’s rights, duties, obligations and custody. Subject to the provisions of Paragraph 20 hereof, in case Section 9) this Agreement shall terminate on the Custodian shall consolidate with or merge into any other corporation, day which is twenty-four (24) years after the corporation remaining after or resulting from such consolidation or merger shall ipso facto without the execution of filing of any papers or other documents, succeed to and be substituted for the Custodian with like effect as though originally named as suchdate first entered above upon this GEORGE B. HORNE VXXXXX XXXXX XXREEMENT - 1997, provided, however, that at any time within two (2) years prior to such date (or prior to any subsequent date of termination fixed in every case accordance with the provisions hereof and of applicable law), one or more of the persons designated in the following provisions of this Section 13 may, by written agreement, extend the duration of this Agreement for an additional term not exceeding twenty-four (24) years from the expiration date as originally fixed or as last extended. The foregoing right of extension shall be exercisable in respect of particular shares subject hereto by (i) the individual Depositor who originally deposited the relevant shares, if the Depositor is then living and is not subject to any incapacity at the time of the proposed extension, and if so exercised such extension shall be binding upon any and all holders of voting trust certificates in respect of the shares deposited hereunder by such individual Depositor, (ii) the trustee of any trust Depositor which deposited the relevant shares, including without limitation any trust Depositor which is a revocable trust, which trustee is then living and not subject to any incapacity at the time of the proposed extension, and regardless of whether such trust is then still in existence, and if so exercised shall be binding upon any and all holders of voting trust certificates in respect of shares deposited hereunder by such trust Depositor and any and all beneficiaries thereof or successors in interest thereto, and (iii) the holder of any voting trust certificate representing shares not covered by either of the preceding clauses (i) or (ii), and if so exercised shall be effective with respect to all shares represented by such voting trust certificate, it being understood that said Successor corporation maintains the qualifications set out in Section 17(fprovisions only of clauses (i) or (ii) of the Act. In addition this paragraph and not of clause (iii) shall govern any extension with respect to shares referred to therein if and to the termination rights set forth extent a Depositor referred to therein is available to consent to such extension. Any such action to extend this Agreement shall be binding upon the Trustees and Depositor and upon all holders of the related voting trust certificates (including without limitation trustees, officers, beneficiaries and owners of any trust or other entity which is such a holder thereof) and any and all successors in interest of any of the foregoing (including without limitation any holder of voting trust certificates representing shares deposited by any Depositor consenting or on whose behalf consent is given by the relevant trustee to such extension in the manner provided above, and any Beneficiary or successor of a Beneficiary of any trust Depositor. Extensions in accordance with this Section 13 shall not be deemed to constitute the Administrator has commencement of a new voting trust for purposes of the right to terminate this Agreement DGCL, (ii) shall be filed with the registered office of the Company in Delaware, as provided in by law, and (iii) shall not involve or require any transfer of shares as contemplated by the Master Custodian Agreementlast provisions of Section 5.

Appears in 1 contract

Samples: Voting Trust Agreement (Watts Industries Inc)

Amendment; Termination. This Agreement may be amended by a written ---------------------- amendment signed by the number of Trustees authorized to take action at the relevant time under Section 10, or, if the Trustees (if more than one) do not concur with respect to any proposed amendment at any time without notice to or when any Trustee holds the Determination Power, then by the Trustee having the Determination Power, which approval shall constitute approval of all of the Trust’s shareholders Trustees then serving and, except as contemplated by Section 1, by registered holders of at least a majority vote of the outstanding voting trust certificates issued in respect of capital stock or other equity interest of the Company or any Additional Issuer, as the case may be, as to which the matter relates; provided, however, that no such amendment shall modify or amend the provisions of the following two paragraphs without the written consent of each individual Depositor or the Trustee of each Trust Depositor who is living at the time of such proposed amendment. For all purposes of this Agreement, references to percentages of voting trust certificates outstanding shall refer to, (x) in the case of a matter relating to the Company, the number of votes represented by the shares of stock of the Company represented by voting trust certificates issued in respect of shares of stock of the Company and, (y) in the case of a matter relating to an Additional Issuer, the number of votes represented by the shares of stock of the applicable Additional Issuer represented by voting trust certificates issued in respect of the capital stock or other equity interest of such Additional Issuer. This Agreement may be terminated only by a written instrument signed by the parties. Either party may terminate this Agreement and number of Trustees authorized to take action at the Account upon 90 days' written notice relevant time under Section 1 or, if the Trustees (if more than one) do not concur with respect to any proposed termination at any time when any Trustee holds the other unless Determination Power, then by the parties agree on a different time period. Notwithstanding Trustee having the foregoingDetermination Power, this Agreement may be terminated by either party upon the breach which approval shall constitute approval of all of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. In additionTrustees, the Trust may immediately terminate this Agreement in the event registered holders of a majority of the appointment voting trust certificates issued in respect of a conservator the capital stock of the Company then outstanding and each individual Depositor or receiver for the Custodian by regulatory authorities or upon the happening Trustee of a like event each Trust Depositor who is living at the direction of an appropriate regulatory agency or court of competent jurisdiction. In case such notice of termination is given either by the Trust or by the Custodian, the Trustees time of the Trust shall, by resolution duly adopted, promptly appoint a successor Custodian (the “Successor Custodian”) which Successor Custodian shall be a bank, trust company, or a bank and trust company proposed termination. If not previously terminated in good standing, with legal capacity to accept custody of the cash and Securities of a mutual fund. Upon receipt of written notice from the Trust of the appointment of such Successor Custodian and upon receipt of instructions, the Custodian shall deliver such cash and Securities as it may then be holding hereunder directly and only to the Successor Custodian. Unless or until a Successor Custodian has been appointed as above provided, the Custodian then acting shall continue to act as Custodian under this Agreement. Every Successor Custodian appointed hereunder shall execute and deliver an appropriate written acceptance of its appointment and shall thereupon become vested accordance with the rights, powers, obligations and custody of its predecessor Custodian. The Custodian ceasing to act shall nevertheless, upon request of terms hereof (including under the Trust and the Successor Custodian and upon payment of its charges and disbursements, execute and instrument in form approved circumstances contemplated by its counsel transferring to the Successor Custodian all the predecessor Custodian’s rights, duties, obligations and custody. Subject to the provisions of Paragraph 20 hereofSection 9) this Agreement shall terminate on August 26, in case the Custodian shall consolidate with or merge into any other corporation, the corporation remaining after or resulting from such consolidation or merger shall ipso facto without the execution of filing of any papers or other documents, succeed to and be substituted for the Custodian with like effect as though originally named as such, 2021; provided, however, that at any time within two (2) years prior to such date (or prior to any subsequent date of termination fixed in every case accordance with the provisions hereof and of applicable law), one or more of the persons designated in the following provisions of this Section 13 may, by written agreement, extend the duration of this Agreement for an additional term not exceeding twenty-four (24) years from the expiration date as originally fixed or as last extended. The foregoing right of extension shall be exercisable in respect of particular shares subject hereto by (i) the individual Depositor who originally deposited the relevant shares, if the Depositor is then living and is not subject to any incapacity at the time of the proposed extension, and if so exercised such extension shall be binding upon any and all holders of voting trust certificates in respect of the shares deposited hereunder by such individual Depositor, (ii) the trustee of any trust Depositor which deposited the relevant shares, including without limitation any trust Depositor which is a revocable trust, which trustee is then living and not subject to any incapacity at the time of the proposed extension, and regardless of whether such trust is then still in existence, and if so exercised shall be binding upon any and all holders of voting trust certificates in respect of shares deposited hereunder by such trust Depositor and any and all beneficiaries thereof or successors in interest thereto, and (iii) the holder of any voting trust certificate representing shares not covered by either of the preceding clauses (i) or (ii), and if so exercised shall be effective with respect to all shares represented by such voting trust certificate, it being understood that said Successor corporation maintains the qualifications set out in Section 17(fprovisions only of clauses (i) or (ii) of the Act. In addition this paragraph and not of clause (iii) shall govern any extension with respect to shares referred to therein if and to the termination rights set forth extent a Depositor referred to therein is available to consent to such extension. Any such action to extend this Agreement shall be binding upon the Trustees and Depositor and upon all holders of the related voting trust certificates (including without limitation trustees, officers, beneficiaries and owners of any trust or other entity which is such a holder thereof) and any and all successors in interest of any of the foregoing (including without limitation any holder of voting trust certificates representing shares deposited by any Depositor consenting or on whose behalf consent is given by the relevant trustee to such extension in the manner provided above, and any Beneficiary or successor of a Beneficiary of any trust Depositor. Extensions in accordance with this Section 13 (i) shall not be deemed to constitute the Administrator has commencement of a new voting trust for purposes of the right to terminate this Agreement DGCL or the law governing the incorporation or organization of any Additional Issuer, (ii) shall be filed with the registered offices of the Company in Delaware and with the registered offices of each Additional Issuer in its state of incorporation or organization, as provided in by law, and (iii) shall not involve or require any transfer of shares as contemplated by the Master Custodian Agreementlast provisions of Section 5.

Appears in 1 contract

Samples: Circor International Inc

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