Common use of Destruction of Documents Clause in Contracts

Destruction of Documents. 47.1 The Company shall be entitled to destroy: (a) any instrument of transfer of shares which have been registered, and all other documents on the basis of which any entry is made in the register, at any time after the expiration of six years from the date of registration; (b) any dividend mandate, variation or cancellation of dividend mandates, and notification of change of name or address, at any time after two years from the date on which it is recorded; (c) any share certificate which has been cancelled at any time after the expiration of one year from the date on which it is cancelled; (d) all paid dividend warrants and cheques at any time after the expiration of one year from the date of actual payment; (e) all proxy appointments which have been used for the purpose of a poll at any time after the expiration of one year from the date of use; (f) all proxy appointments which have not been used for the purpose of a poll at any time after one month from the end of the meeting to which the proxy appointment relates and at which no poll was demanded; and (g) any other document on the basis of which an entry in the register of members is made, after six years from the date on which it is made. Any document referred to in this Article 47.1 may be destroyed earlier than the relevant date authorised, provided that a permanent record of the document is made which is not destroyed before that date. 47.2 It shall be conclusively presumed in favour of the Company that: (a) every entry in the register of members purporting to have been made on the basis of an instrument of transfer or other document destroyed in accordance with Article 47.1 was duly and properly made; (b) that every instrument of transfer destroyed in accordance with Article 47.1 was a valid and effective instrument duly and properly registered; (c) that every share certificate destroyed in accordance with Article 47.1 was a valid and effective certificate duly and properly cancelled; and (d) that every other document destroyed in accordance with Article 47.1 was a valid and effective document in accordance with the particulars in the records of the Company. provided that (i) Article 47.1 shall apply only to the destruction of a document in good faith and without notice of any claim (regardless of the parties to it) to which the document might be relevant; (ii) nothing in Article 47.1 shall be construed as imposing upon the Company any liability in respect of the destruction of any such document otherwise than in accordance with Article 47.1 which would not attach to the Company in the absence of Article 47.1; and (iii) references in Article 47.1 to the destruction of any document include references to the disposal of it in any manner.

Destruction of Documents. 47.1 The Company shall be entitled to destroymay destroy any: (a) any instrument of transfer of shares which have been registeredtransfer, and all other documents on the basis of which any entry is made in the register, at any time after the expiration of six years from the date of registrationon which it is registered; (b) dividend mandate or any dividend mandate, variation or cancellation of a dividend mandates, and mandate or any notification of change of name or address, at any time after two years from the date on which it is recorded; (c) any share certificate which has been cancelled at any time certificate, after the expiration of one year from the date on which it is cancelled; (d) all paid dividend warrants and cheques at any time after the expiration instrument of one year from the date of actual payment; (e) all proxy appointments which have has been used for the purpose of a poll at any time after the expiration of one year has elapsed from the date of use; (fe) all instrument of proxy appointments which have has not been used for the purpose of a poll at any time after a period of one month has elapsed from the end of the meeting to which the instrument of proxy appointment relates and at which no poll was demandedrelates; andor (gf) any other document on the basis of for which an any entry in the register of members Register is made, after six years from the date on which it is made. Any document referred to an entry was first made in this Article 47.1 may be destroyed earlier than the relevant date authorisedRegister in respect of it, provided that the Company may destroy any such type of document at a permanent record date earlier than that authorised by this Article if a copy of the such document is made which is not destroyed before that dateand retained (whether electronically, by microfilm, by digital imaging or by other similar means) until the expiration of the period applicable to the destruction of the original of such document. 47.2 It shall be conclusively presumed in favour of the Company thatthat every: (a) every entry in the register of members Register purporting to have been made on the basis of an instrument of transfer or other a document so destroyed in accordance with Article 47.1 was duly and properly made; (b) that every instrument of transfer so destroyed in accordance with Article 47.1 was a valid and effective instrument duly and properly registered; (c) that every share certificate so destroyed in accordance with Article 47.1 was a valid and effective certificate duly and properly cancelled; and (d) that every other document so destroyed in accordance had been properly dealt with Article 47.1 under its terms and was a valid and effective document in accordance with according to the particulars in the records of the Company. provided that. (i) 47.3 This Article 47.1 shall only apply only to the destruction of a document in good faith and without notice of any claim (regardless of the parties to it) to which the document might be relevant; (ii) nothing . Nothing in this Article 47.1 shall be construed as imposing upon any liability on the Company any liability in respect of the destruction of any such document otherwise other than as provided for in accordance with this Article 47.1 which would not attach to the Company in the absence of this Article. References in this Article 47.1; and (iii) references in Article 47.1 to the destruction of any document include references to the disposal of it in any manner.

Destruction of Documents. 47.1 The 38.1 Subject to compliance with the rules (as defined in the Regulations) applicable to shares of the Company in uncertificated form, the Company shall be entitled to destroy: (a) any instrument 38.1.1 all instruments of transfer of shares or other documents (whether in hard copy or electronic form) which have been registered, and all other documents registered or on the basis of which any entry is registration was made in the register, at any time after the expiration of six years from the date of registrationregistration thereof; (b) any 38.1.2 all dividend mandate, variation or cancellation of dividend mandates, mandates and notification notifications of change of name or address, address at any time after the expiration of two years from the date on which it is recordedof recording thereof; (c) any 38.1.3 all share certificate certificates which has have been cancelled at any time after the expiration of one year from the date on which it is cancelled; (d) all paid dividend warrants and cheques at any time after the expiration of one year from the date of actual payment; (e) all proxy appointments which have been used for the purpose of a poll at any time after the expiration of one year from the date of use; (f) all proxy appointments which have not been used for the purpose of a poll at any time after one month from the end of the meeting to which the proxy appointment relates and at which no poll was demanded; and (g) any other document on the basis of which an entry in the register of members is made, after six years from the date on which it is made. Any document referred to in this Article 47.1 may be destroyed earlier than the relevant date authorised, provided that a permanent record of the document is made which is not destroyed before that datecancellation thereof. 47.2 38.2 It shall conclusively be conclusively presumed in favour of the Company that: (a) 38.2.1 every entry in the register of members Register purporting to have been made on the basis of an instrument of transfer or other document so destroyed in accordance with Article 47.1 or deleted was duly and properly made; (b) that 38.2.2 every instrument of transfer so destroyed in accordance with Article 47.1 or deleted was a valid and effective instrument duly and properly registered; (c) that 38.2.3 every share certificate so destroyed in accordance with Article 47.1 was a valid and effective certificate duly and properly cancelled; and (d) that 38.2.4 every other document hereinbefore mentioned so destroyed in accordance with Article 47.1 or deleted was a valid and effective document in accordance with the recorded particulars thereof in the books or records of the Company. provided that. (i) Article 47.1 38.3 For the purposes of this Article: 38.3.1 the foregoing provisions shall apply only to the destruction or deletion of a document in good faith and without notice of any claim (regardless of the parties to itthereto) to which the document might be relevant; (ii) 38.3.2 nothing in Article 47.1 herein contained shall be construed as imposing upon the Company any liability in respect of the destruction or deletion of any such document otherwise earlier than as aforesaid or in accordance with Article 47.1 any other circumstances which would not attach to the Company in the absence of Article 47.1this Article; 38.3.3 any document referred to above may, subject to the Statutes, be destroyed before the end of the relevant period so long as a copy of such document (whether made electronically, by microfilm, by digital imaging or by any other means) has been made and is retained until the end of the relevant period; and (iii) 38.3.4 references in Article 47.1 herein to the destruction or deletion of any document include references to the disposal of it thereof in any manner. 39.1 Subject to the Statutes and the rules (as defined in the Regulations), and apart from any class of wholly dematerialised security, the Directors may determine that any class of shares may be held in uncertificated form and that title to such shares may be transferred by means of a relevant system or that shares of any class should cease to be held and transferred as aforesaid. 39.2 The provisions of these Articles shall not apply to shares of any class which are in uncertificated form to the extent that such Articles are inconsistent with: 39.2.1 the holding of shares of that class in uncertificated form; 39.2.2 the transfer of title to shares of that class by means of a relevant system; or 39.2.3 any provision of the Regulations.

Destruction of Documents. 47.1 The Company Trustee (or the Manager or its agents with the approval of the Trustee) shall (subject as hereinafter provided) be entitled to destroy: (a) any instrument of transfer of shares destroy all distribution mandates which have been registered, and all other documents on the basis of which any entry is made in the register, cancelled or lapsed at any time after the expiration of six years seven Years from the date of registration; (b) any dividend mandate, variation cancellation or cancellation of dividend mandates, lapse thereof and notification all notifications of change of name or address, at any time address after two years the expiration of seven Years from the date on of the recording thereof and all forms of proxy in respect of any meeting of Holders seven Years from the date of the meeting at which it is recorded; (c) any share certificate which has been cancelled the same are used and the Register, and statements and other records and documents relating to the Trust at any time after the expiration of one year seven Years from the date on which it is cancelled; (d) all paid dividend warrants termination of the Trust. Neither the Trustee nor the Manager nor other agents shall be under any liability whatsoever in consequence thereof and cheques at any time after unless the expiration of one year from the date of actual payment; (e) all proxy appointments which contrary be proved every document so destroyed shall be deemed to have been used for a valid and effective instrument in accordance with the purpose of a poll at any time after the expiration of one year from the date of use; (f) all proxy appointments which have not been used for the purpose of a poll at any time after one month from the end of the meeting to which the proxy appointment relates and at which no poll was demanded; and (g) any other document on the basis of which an entry in the register of members is maderecorded particulars thereof, after six years from the date on which it is made. Any document referred to in this Article 47.1 may be destroyed earlier than the relevant date authorised, provided that a permanent record of the document is made which is not destroyed before that date. 47.2 It shall be conclusively presumed in favour of the Company thatPROVIDED THAT: (a) every entry in the register of members purporting to have been made on the basis of an instrument of transfer or other document destroyed in accordance with Article 47.1 was duly and properly made; (b) that every instrument of transfer destroyed in accordance with Article 47.1 was a valid and effective instrument duly and properly registered; (c) that every share certificate destroyed in accordance with Article 47.1 was a valid and effective certificate duly and properly cancelled; and (d) that every other document destroyed in accordance with Article 47.1 was a valid and effective document in accordance with the particulars in the records of the Company. provided that (i) Article 47.1 provisions aforesaid shall apply only to the destruction of a document in good faith and without notice of any actual claim (regardless of the parties to itthereto) to which the document might may be relevant; (iib) nothing in Article 47.1 this Clause 17.9 shall be construed as imposing upon the Company Trustee or the Manager or its agents any liability in respect of the destruction of any such document otherwise earlier than as aforesaid or in accordance with Article 47.1 which would any case where the conditions of Clause 17.9(a) are not attach to the Company in the absence of Article 47.1fulfilled; and (iiic) references in Article 47.1 herein to the destruction of any document include references to the disposal of it thereof in any manner.

Destruction of Documents. 47.1 46.1 The Company shall be entitled to destroy: (a) any instrument of transfer of shares which have been registered, and all other documents on the basis of which any entry is made in the register, at any time after the expiration of six years from the date of registration; (b) any dividend mandate, variation or cancellation of dividend mandates, and notification of change of name or address, at any time after two years from the date on which it is recorded; (c) any share certificate which has been cancelled at any time after the expiration of one year from the date on which it is cancelled; (d) all paid dividend warrants and cheques at any time after the expiration of one year from the date of actual payment; (e) all proxy appointments which have been used for the purpose of a poll at any time after the expiration of one year from the date of use; (f) all proxy appointments which have not been used for the purpose of a poll at any time after one month from the end of the meeting to which the proxy appointment relates and at which no poll was demanded; and (g) any other document on the basis of which an entry in the register of members is made, after six years from the date on which it is made. Any document referred to in this Article 47.1 46.1 may be destroyed earlier than the relevant date authorised, provided that a permanent record of the document is made which is not destroyed before that date. 47.2 46.2 It shall be conclusively presumed in favour of the Company that: (a) every entry in the register of members purporting to have been made on the basis of an instrument of transfer or other document destroyed in accordance with Article 47.1 46.1 was duly and properly made; (b) that every instrument of transfer destroyed in accordance with Article 47.1 46.1 was a valid and effective instrument duly and properly registered; (c) that every share certificate destroyed in accordance with Article 47.1 46.1 was a valid and effective certificate duly and properly cancelled; and (d) that every other document destroyed in accordance with Article 47.1 46.1 was a valid and effective document in accordance with the particulars in the records of the Company. provided that (i) Article 47.1 46.1 shall apply only to the destruction of a document in good faith and without notice of any claim (regardless of the parties to it) to which the document might be relevant; (ii) nothing in Article 47.1 46.1 shall be construed as imposing upon the Company any liability in respect of the destruction of any such document otherwise than in accordance with Article 47.1 46.1 which would not attach to the Company in the absence of Article 47.146.1; and (iii) references in Article 47.1 46.1 to the destruction of any document include references to the disposal of it in any manner.