Common use of List of Persons Entitled to Vote Clause in Contracts

List of Persons Entitled to Vote. Canco shall, (a) prior to each annual, general, special, extraordinary or other RTO Acquiror Meeting or the seeking of any RTO Acquiror Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared a list (a “List”) of the names and addresses of the Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Beneficiary, in each case at the close of business on the date specified by the Trustee in such request or, in the case of a List prepared in connection with an RTO Acquiror Meeting, or RTO Acquiror Consent at the close of business on the record date established by RTO Acquiror or pursuant to applicable law for determining the holders of RTO Acquiror Shares entitled to receive notice of and/or to vote at such RTO Acquiror Meeting or to give consent. Each such List shall be delivered to the Trustee promptly after receipt by Canco of such request or the record date for such meeting or seeking of consent, as applicable, and in any event within sufficient time as to permit the Trustee to perform its obligations under this agreement. RTO Acquiror agrees to give Canco notice (with a copy to the Trustee) of the calling of any RTO Acquiror Meeting, together with the record date therefor, sufficiently prior to the date of the calling of such meeting so as to enable Canco to perform its obligations under this Section 4.6.

List of Persons Entitled to Vote. Canco The Company shall, (a) prior to each annual, general, special, general and extraordinary or other RTO Acquiror Abgenix Meeting or the seeking of any RTO Acquiror Abgenix Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared a list (a “"List”") of the names and addresses of the Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Company Special Shares held of record by each such Beneficiary, in each case at the close of business on the date specified by the Trustee in such request or, in the case of a List prepared in connection with an RTO Acquiror MeetingAbgenix Meeting or Abgenix Consent, or RTO Acquiror Consent at the close of business on the record date established by RTO Acquiror Abgenix or pursuant to applicable law for determining the holders of RTO Acquiror Abgenix Common Shares entitled to receive notice of and/or to vote at such RTO Acquiror Abgenix Meeting or to give consentany consent in connection with an Abgenix Consent. Each such List shall be delivered to the Trustee promptly after receipt by Canco the Company of such request or the record date for such meeting or seeking of consent, as applicable, and in any event within sufficient time as to permit the Trustee to perform its obligations under this agreementAgreement. RTO Acquiror Abgenix agrees to give Canco the Company notice (with a copy to the Trustee) of the calling of any RTO Acquiror Abgenix Meeting, together with the record date dates therefor, sufficiently prior to the date of the calling of such meeting so as to enable Canco the Company to perform its obligations under this Section 4.6.

List of Persons Entitled to Vote. Canco Exchangeco shall, (a) prior to each annual, general, special, extraordinary or other RTO Acquiror general and special JDS Uniphase Meeting or the seeking of any RTO Acquiror JDS Uniphase Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared a list (a “"List”") of the names and addresses of the Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Beneficiary, in each case at the close of business on the date specified by the Trustee in such request or, in the case of a List prepared in connection with an RTO Acquiror Meetinga JDS Uniphase Meeting or a JDS Uniphase Consent, or RTO Acquiror Consent at the close of business on the record date established by RTO Acquiror JDS Uniphase or pursuant to applicable law for determining the holders of RTO Acquiror JDS Uniphase Common Shares entitled to receive notice of and/or to vote at such RTO Acquiror JDS Uniphase Meeting or to give consentconsent in connection with such JDS Uniphase Consent. Each such List shall be delivered to the Trustee promptly after receipt by Canco Exchangeco of such request or the record date for such meeting or seeking of consent, as applicablethe case may be, and in any event within sufficient time as to permit enable the Trustee to perform its obligations under this trust agreement. RTO Acquiror JDS Uniphase agrees to give Canco Exchangeco written notice (with a copy to the Trustee) of the calling of any RTO Acquiror MeetingJDS Uniphase Meeting or the seeking of any JDS Uniphase Consent, together with the record date dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable Canco Exchangeco to perform its obligations under this Section section 4.6.

List of Persons Entitled to Vote. Canco Unless the Trustee also acts as the transfer agent for the Exchangeable Shares (in which case the Trustee shall be able to prepare a list of the Beneficiaries from time to time), CERI shall, (a) prior to each annual, general, special, extraordinary or other RTO Acquiror general and special WSI Meeting or the seeking of any RTO Acquiror WSI Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared a list (a “List”) of the names and addresses of the Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Beneficiary, in each case at the close of business on the date specified by the Trustee in such request or, in the case of a List prepared in connection with an RTO Acquiror Meetinga WSI Meeting or a WSI Consent, or RTO Acquiror Consent at the close of business on the record date established by RTO Acquiror WSI or pursuant to applicable law for determining the holders of RTO Acquiror WSI Common Shares entitled to receive notice of and/or to vote at such RTO Acquiror WSI Meeting or to give consentconsent in connection with such WSI Consent. Each such List shall be delivered to the Trustee promptly after receipt by Canco CERI of such request or the record date for such meeting or seeking of consent, as applicablethe case may be, and in any event within sufficient time as to permit the Trustee to perform its obligations under this agreementAgreement and the Trustee may rely solely on each such List to identify the Beneficiaries in order to perform its obligations hereunder in connection with a WSI Meeting or a WSI Consent. RTO Acquiror WSI agrees to give Canco CERI notice (with a copy to the Trustee) of the calling of any RTO Acquiror MeetingWSI Meeting or the seeking of any WSI Consent, together with the record date dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable Canco CERI to perform its obligations under this Section 4.6.

List of Persons Entitled to Vote. Canco Unless the Trustee also acts as the transfer agent for the Exchangeable Shares (in which case the Trustee shall be able to prepare a list of the Beneficiaries from time to time), CERI shall, (a) prior to each annual, general, special, extraordinary or other RTO Acquiror general and special WSI Meeting or the seeking of any RTO Acquiror WSI Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared a list (a “List”"LIST") of the names and addresses of the Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Beneficiary, in each case at the close of business on the date specified by the Trustee in such request or, in the case of a List prepared in connection with an RTO Acquiror Meetinga WSI Meeting or a WSI Consent, or RTO Acquiror Consent at the close of business on the record date established by RTO Acquiror WSI or pursuant to applicable law for determining the holders of RTO Acquiror WSI Common Shares entitled to receive notice of and/or to vote at such RTO Acquiror WSI Meeting or to give consentconsent in connection with such WSI Consent. Each such List shall be delivered to the Trustee promptly after receipt by Canco CERI of such request or the record date for such meeting or seeking of consent, as applicablethe case may be, and in any event within sufficient time as to permit the Trustee to perform its obligations under this agreementAgreement and the Trustee may rely solely on each such List to identify the Beneficiaries in order to perform its obligations hereunder in connection with a WSI Meeting or a WSI Consent. RTO Acquiror WSI agrees to give Canco CERI notice (with a copy to the Trustee) of the calling of any RTO Acquiror MeetingWSI Meeting or the seeking of any WSI Consent, together with the record date dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable Canco CERI to perform its obligations under this Section 4.6.

List of Persons Entitled to Vote. Canco NPS - Allelix Inc. shall, (a) prior to each annual, general, special, extraordinary or other RTO Acquiror general and special NPS Meeting or the seeking of any RTO Acquiror NPS Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared a list (a “"List”") of the names and addresses of the Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Beneficiary, in each case at the close of business on the date specified by the Trustee in such request or, in the case of a List prepared in connection with an RTO Acquiror Meetinga NPS Meeting or a NPS Consent, or RTO Acquiror Consent at the close of business on the record date established by RTO Acquiror NPS or pursuant to applicable law for determining the holders of RTO Acquiror NPS Common Shares entitled to receive notice of and/or to vote at such RTO Acquiror NPS Meeting or to give consentconsent in connection with such NPS Consent. Each such List shall be delivered to the Trustee promptly after receipt by Canco NPS - Allelix Inc. of such request or the record date for such meeting or seeking of consent, as applicablethe case may be, and in any event within sufficient time as to permit the Trustee to perform its obligations under this agreementAgreement. RTO Acquiror NPS agrees to give Canco NPS - Allelix Inc. notice (with a copy to the Trustee) of the calling of any RTO Acquiror MeetingNPS Meeting or the seeking of any NPS Consent, together with the record date dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable Canco NPS - Allelix Inc. to perform its obligations under this Section section 4.6.

List of Persons Entitled to Vote. Canco EELP shall, (a) prior to each annual, general, special, extraordinary or other RTO Acquiror annual and/or special Trust Meeting or the seeking of any RTO Acquiror Trust Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared a list (a “"List”") of the names and addresses of the Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Shares Securities issued by it held of record by each such Beneficiary, in each case at the close of business on the date specified by the Trustee in such request or, in the case of a List prepared in connection with an RTO Acquiror Meetinga Trust Meeting or a Trust Consent, or RTO Acquiror Consent at the close of business on the record date established by RTO Acquiror Enerplus or pursuant to applicable law for determining the holders of RTO Acquiror Shares Enerplus Units entitled to receive notice of and/or to vote at such RTO Acquiror Trust Meeting or to give consentconsent in connection with such Trust Consent. Each such List shall be delivered to the Trustee promptly after receipt by Canco EELP of such request or the record date for such meeting or seeking of consent, as applicablethe case may be, and in any event within sufficient time as to permit the Trustee to perform its obligations under this agreementAgreement. RTO Acquiror Enerplus agrees to give Canco EELP notice (with a copy to the Trustee) of the calling of any RTO Acquiror MeetingTrust Meeting or the seeking of any Trust Consent by Enerplus or its management, together with the record date dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable Canco EELP to perform its obligations under this Section 4.6.