Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Meeting or Acquiror Consent will be entitled: (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 5 contracts
Samples: Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (Magnum Hunter Resources Corp)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Parent Meeting or Acquiror Parent Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 5 contracts
Samples: Voting and Exchange Trust Agreement (Future Energy Corp.), Voting Agreement (Future Energy Corp.), Agreement (Future Energy Corp.)
Entitlement to Direct Votes. Any Beneficiary named in a the List prepared in connection with any Acquiror Holdings Meeting or Acquiror Holdings Consent will will, solely as and to the extent provided in this Agreement, be entitled: (a) entitled to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 4 contracts
Samples: Voting Trust Agreement, Voting Trust Agreement (Broadcom LTD), Agreement and Plan of Merger (Broadcom Corp)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Parent Meeting or Acquiror Parent Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 4 contracts
Samples: Voting and Exchange Trust Agreement (Stifel Financial Corp), Form of Voting and Exchange Trust Agreement (Counterpath Solutions, Inc.), Voting and Exchange Trust Agreement (Thomas Weisel Partners Group, Inc.)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Meeting or Acquiror Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Surge Global Energy, Inc.), Voting and Exchange Trust Agreement (Surge Global Energy, Inc.), Acquisition Agreement (Nabors Industries Inc)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Parent Meeting or Acquiror Parent Consent will be entitled: entitled to (a) to instruct the Trustee Agent in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the TrusteeAgent, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 3 contracts
Samples: Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Medinex Systems Inc)
Entitlement to Direct Votes. Any Beneficiary named in a the List prepared in connection with any Acquiror Holdings Meeting or Acquiror Holdings Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 3 contracts
Samples: Voting Trust Agreement (Restaurant Brands International Limited Partnership), Voting Trust Agreement (New Red Canada Partnership), Voting Agreement (Burger King Worldwide, Inc.)
Entitlement to Direct Votes. Any Beneficiary named in a the List prepared in connection with any Acquiror Trilogy Parent Meeting or Acquiror Trilogy Parent Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitledmeeting.
Appears in 3 contracts
Samples: Voting Trust Agreement (Horwitz Bradley J), Voting Trust Agreement (Trilogy International Partners Inc.), Voting Trust Agreement (SG Enterprises, II LLC)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Fenix Meeting or Acquiror Fenix Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 2 contracts
Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Shire Meeting or Acquiror Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Shire PLC), Merger Agreement (Shire Pharmaceuticals Group PLC)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Trust Meeting or Acquiror Trust Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 4.2 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Trust Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Enerplus Resources Fund), Voting and Exchange Trust Agreement (Enerplus Resources Fund)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Coors Meeting or Acquiror Coors Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 2 contracts
Samples: Combination Agreement (Coors Adolph Co), Combination Agreement (Coors Adolph Co)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Meeting or Acquiror any Consent will be entitled: (ai) to instruct the Trustee in the manner described in Section 4.3 hereof with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; or (bii) to attend such meeting and personally to exercise thereat (or to personally exercise with respect to any Acquiror Consentwritten consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Marathon Oil Corp), Voting and Exchange Trust Agreement (Marathon Oil Corp)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror NPS Meeting or Acquiror NPS Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Acquirer Meeting or Acquiror Acquirer Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 4.2 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Acquirer Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Canwest Petroleum Corp)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Apta Meeting or Acquiror Apta Consent will be entitled: entitled to (a) to instruct the Trustee Agent in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the TrusteeAgent, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Agency Agreement (Apta Holdings Inc)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Pixelworks Meeting or Acquiror Pixelworks Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat at such meeting (or to personally exercise with respect to any Acquiror Consentwritten consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Entitlement to Direct Votes. Any Subject to Section 4.8 and Section 4.11, any Beneficiary named in a List prepared in connection with any Acquiror Newmont Meeting or Acquiror Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Newmont Mining Corp /De/)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Weyerhaeuser Meeting or Acquiror Weyerhaeuser Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Weyerhaeuser Co)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror AbitibiBowater Meeting or Acquiror Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally to exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (AbitibiBowater Inc.)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Trust Meeting or Acquiror Trust Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; , or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Enterra Energy Trust)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Bowater Meeting or Acquiror Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally to exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror PureRay U.S. Meeting or Acquiror PureRay U.S. Consent will be entitledentitle: (ai) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; , or (bii) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Parent Meeting or Acquiror any Parent Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally to exercise thereat (or to personally exercise with respect to any Acquiror Consentwritten consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.. 8
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement Agreement (Autodesk Inc)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Infospace Meeting or Acquiror Infospace Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Infospace Com Inc)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Rational Meeting or Acquiror Rational Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such that Beneficiary is entitled; entitled or (b) to attend such the meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)at the meeting, as the proxy of the Trustee, the Beneficiary Votes to which such the Beneficiary is entitled.
Appears in 1 contract
Samples: Agreement (Rational Software Corp)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror FCE Meeting or Acquiror FCE Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror FCE Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Merge Meeting or Acquiror Merge Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement Memorandum of Agreement (Merge Technologies Inc)
Entitlement to Direct Votes. Any Subject to Sections 4.8 and 4.10, any Beneficiary named in a List prepared in connection with any Acquiror Abgenix Meeting or Acquiror Abgenix Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Trust Agreement (Abgenix Inc)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Parent Meeting or Acquiror any Parent Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally to exercise thereat (or to personally exercise with respect to any Acquiror Consentwritten consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Discreet Logic Inc)
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Parent Meeting or Acquiror Parent Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section 4.3 4.2 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Parent Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror Pure Meeting or Acquiror Pure Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section Subsection 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Entitlement to Direct Votes. Any Beneficiary named in a List prepared in connection with any Acquiror InfoSpace Meeting or Acquiror InfoSpace Consent will be entitled: entitled (a) to instruct the Trustee in the manner described in Section section 4.3 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled; entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Acquiror Consent)thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Infospace Inc)
