General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 17 contracts
Samples: Combination Agreement (Coors Adolph Co), Transaction Agreement (Weyerhaeuser Co), Combination Agreement (Lojack Corp)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 17 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)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 7 contracts
Samples: Voting and Exchange Trust Agreement, Arrangement Agreement (Torchlight Energy Resources Inc), Voting and Exchange Trust Agreement (Bionik Laboratories Corp.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.14, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 6 contracts
Samples: Share Exchange Agreement, Voting and Exchange Trust Agreement (Future Energy Corp.), Certificate of Designation (Future Energy Corp.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section Section 7.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 6 contracts
Samples: Voting and Exchange Trust Agreement (Stifel Financial Corp), Voting and Exchange Trust Agreement (Thomas Weisel Partners Group, Inc.), Voting, Exchange and Cash Put Trust Agreement (Abgenix Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 4.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 3 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 4 contracts
Samples: Exchange Trust Agreement, Exchange Trust Agreement (Lululemon Athletica Inc.), Exchange Trust Agreement (Lululemon Corp.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the TrusteeAgent. Subject to section 7.157.14, the Trustee Agent shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee Agent as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee Agent shall not exercise or permit the exercise of the Exchange Right.
Appears in 4 contracts
Samples: Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Apta Holdings Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.155.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to under this Article 5 4 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 3 contracts
Samples: Exchange Trust Agreement (Seagram Co LTD), Exchange Trust Agreement (Vivendi), Exchange Trust Agreement (Vivendi Universal)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 3 contracts
Samples: Merger Agreement (Bowater Inc), Voting and Exchange Trust Agreement (AbitibiBowater Inc.), Voting and Exchange Trust Agreement (Source Media Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.156.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 3 contracts
Samples: Voting and Exchange Trust Agreement (Broadcom Corp), Voting and Exchange Trust Agreement (Applied Cellular Technology Inc), Voting and Exchange Trust Agreement (Orbital Sciences Corp /De/)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.156.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.15Section 7.12 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 6 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Dialog Group Inc), Voting and Exchange Trust Agreement (Dialog Group Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.15Section 7(m) hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Shannon International Resources Inc), Voting Trust and Exchange Agreement (E Financial Depot Com)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.157.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Non-Affiliated Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Non-Affiliated Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Combination Agreement (Electronic Retailing Systems International Inc), Voting, Support and Exchange Trust Agreement (Smithfield Foods Inc)
General Exercise of Exchange Right. The Exchange Right and the Put Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.15, the Trustee shall exercise the Exchange Right and the Put Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right or the Put Right, the Trustee shall not exercise or permit the exercise of the Exchange Right or the Put Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Akerna Corp.), Arrangement Agreement (Akerna Corp.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.15, the Trustee shall exercise the Exchange Right only only:
(a) on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To ; or
(b) to the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Silicon Graphics Inc /Ca/), Voting and Exchange Trust Agreement (Learning Co Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Share Trustee. Subject to section 7.15Section 6.15, the Share Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Share Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right, the Share Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Zymeworks Delaware Inc.), Transaction Agreement (Zymeworks Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.15Section 7(o) hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. thereof To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Pioneer Natural Resources Co), Combination Agreement (Pioneer Natural Resources Co)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 7.14, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Capital Environmental Resource Inc), Voting and Exchange Trust Agreement (Waste Services, Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 7.13, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Emergency Medical Services CORP), Voting and Exchange Trust Agreement (STAT Healthcare, Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 7.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Non-Affiliated Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Non-Affiliated Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Voting, Support and Exchange Trust Agreement (Veritas Software Corp /De/), Voting, Support and Exchange Trust Agreement (Cr Resorts Capital S De R L De C V)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 2 contracts
Samples: Arrangement Agreement (Vail Resorts Inc), Voting and Exchange Trust Agreement (DelMar Pharmaceuticals, Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.14, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Exchange Agreement (Biotricity Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 4.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 3 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To thereof to the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Arrangement Agreement (Usx Corp)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.. 131129481189884.0v04003/109954461.4
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Meta Materials Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.14, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article Section 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Share Exchange Agreement (Rockford Minerals Inc /Fi)
General Exercise of Exchange Right. The Exchange Right shall be and remain ---------------------------------- vested in and exercisable by the Trustee. Subject to section 7.156.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Sonic Environmental Systems Inc)
General Exercise of Exchange Right. The Exchange Right shall will be and remain vested in and exercisable by the Trustee. Subject to section 7.156.15, the Trustee shall will exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct appearing on the Trustee as to the exercise thereofList. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall will not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.15Section 7(o) hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Veritas DGC Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.14, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section Section 7.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (D-Wave Quantum Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.156.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Cubist Pharmaceuticals Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 4.15, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 Section 3.0 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Sections 5.7 and 5.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 4 from Beneficiaries Non-Affiliated Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Non-Affiliated Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Exchange Trust Agreement (International Business Machines Corp)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 4.13, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 3 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section ?6.14, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this ?Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a any Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Biotricity Inc.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.158.15, the Trustee shall exercise the Exchange Right only only: (a) on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To ; or (b) to the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.157.14 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Non-Affiliated Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Non-Affiliated Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting, Support and Exchange Trust Agreement (Voice Mobility International Inc)
General Exercise of Exchange Right. The Exchange Right shall will be and remain vested in and exercisable by the Trustee. Subject to section 7.156.15, the Trustee shall will exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall will not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Pixelworks Inc)
General Exercise of Exchange Right. The the Exchange Right Rights shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.157.15 of this Agreement, the Trustee shall exercise the Exchange Right only on the basis of written instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. If requested by BackWeb, the Trustee shall provide a copy of such instructions to BackWeb. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Backweb Technologies LTD)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15SectionE6.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Applied Cellular Technology Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.156.15 hereof, the 15 - 15 - Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange RightRight as to that Holder.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Orbital Sciences Corp /De/)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.158.15, the Trustee shall exercise the Exchange Right only only:
(a) on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To ; or
(b) to the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Discreet Logic Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.157.14, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
General Exercise of Exchange Right. The Exchange Right shall will be and remain vested in and exercisable exercised by the Trustee. Subject to section 7.157.15 hereof, the Trustee shall will exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Holder with respect to the Exchange Right, the Trustee shall will not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Agreement (Apple Orthodontix Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 6.12, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (United Royale Holdings Corp.)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.156.17, the Trustee shall exercise the Exchange Right only only:
(1) on the basis of instructions received pursuant to this Article 5 2 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To ; and
(2) to the extent that no such instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Photon Dynamics Inc)
General Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to section 7.15Section 0 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this Article 5 0 from Beneficiaries Non-Affiliated Holders entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary Non-Affiliated Holder with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
Appears in 1 contract
Samples: Voting, Support and Exchange Trust Agreement (Planet411 Com Inc)
