Common use of Fixing Record Date Clause in Contracts

Fixing Record Date. (a) In order that the corporation may determine the stockholders entitled to notice of or to vote at any meeting of stockholders or any adjournment thereof, the board of directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board of directors, and which record date shall not be more than 60 nor less than 10 days before the date of such meeting. If no record date is fixed by the board of directors, the record date for determining stockholders entitled to notice of or to vote at a meeting of stockholders shall be at the close of business on the day next preceding the day on which notice is given, or, if notice is waived, at the close of business on the day next preceding the day on which the meeting is held. A determination of stockholders of record entitled to notice of or to vote at a meeting of stockholders shall apply to any adjournment of the meeting; provided, however, that the board of directors may fix a new record date for the adjourned meeting.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Habit Restaurants, Inc.), Agreement and Plan of Merger (Usg Corp), Agreement and Plan of Merger (Protective Life Corp)

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Fixing Record Date. (a) Section 5. In order that the corporation may determine the stockholders entitled to notice of or to vote at any meeting of stockholders or any adjournment thereof, the board of directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board of directors, and which record date shall not be more than 60 sixty (60) nor less than 10 ten (10) days before the date of such meeting. If no record date is fixed by the board of directors, the record date for determining stockholders entitled to notice of or to vote at a meeting of stockholders shall be at the close of business on the day next preceding the day on which notice is given, or, or if notice is waived, at the close of business on the day next preceding the day on which the meeting is held. A determination of stockholders of record entitled to notice of or to vote at a meeting of stockholders shall apply to any adjournment of the meeting; provided, however, that the board of directors may fix a new record date for the adjourned meeting.

Appears in 3 contracts

Samples: Subscription Agreement (Crowley Newco CORP), Contribution Agreement (Crowley Newco CORP), Contribution Agreement (Crowley Newco CORP)

Fixing Record Date. (a) In order that the corporation may determine the stockholders entitled to notice of or to vote at any meeting of stockholders or any adjournment thereof, the board Board of directors Directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board Board of directorsDirectors, and which record date shall not be more than 60 sixty nor less than 10 ten days before the date of such meeting. If no record date is fixed by the board Board of directorsDirectors, the record date for determining stockholders entitled to notice of or to vote at a meeting of stockholders shall be at the close of business on the day next preceding the day date on which notice is given, or, if notice is waived, at the close of business on the day date next preceding the day on which the meeting is held. A determination of stockholders of record entitled to notice of or to vote at a meeting of stockholders shall apply to any adjournment of the meeting; provided, however, that the board Board of directors Directors may fix a new record date for the adjourned meeting.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Powerhouse Technologies Inc /De)

Fixing Record Date. (a) In order that the corporation Corporation may determine the stockholders entitled to notice of or to vote at any meeting of stockholders or any adjournment thereof, the board Board of directors Directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board Board of directorsDirectors, and which record date shall not be more than 60 sixty nor less than 10 ten days before the date of such meeting. If no record date is fixed by the board Board of directorsDirectors, the record date for determining stockholders entitled to notice of or to vote at a meeting of stockholders shall be at the close of business on the day next preceding the day on which notice is given, or, if notice is waived, at the close of business on the day next preceding the day on which the meeting is held. A determination of stockholders of record entitled to notice of or to vote at a meeting of stockholders shall apply to any adjournment of the meeting; provided, however, that the board Board of directors Directors may fix a new record date for the adjourned meeting.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Recapitalization (Curtiss Wright Corp)

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Fixing Record Date. (a) In order that the corporation Corporation may determine the stockholders entitled to notice of or to vote at any meeting of the stockholders or any adjournment thereof, the board Board of directors Directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board Board of directorsDirectors, and which record date shall not be more than 60 sixty (60) nor less than 10 ten (10) days before the date of such meeting. If no record date is fixed by the board Board of directorsDirectors, the record date for determining stockholders entitled to notice of or to vote at a meeting of the stockholders shall be at the close of business on the day next preceding the day on which notice is given, or, if notice is waived, at the close of business on the day next preceding the day on which the meeting is held. A determination of stockholders of record entitled to notice of or to vote at a meeting of the stockholders shall apply to any adjournment of the meeting; provided, however, that the board Board of directors Directors may fix a new record date for the adjourned meeting.

Appears in 1 contract

Samples: Recapitalization and Merger Agreement (Wyndham International Inc)

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