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

List of Persons Entitled to Vote. Exchangeco shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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 Agent in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent promptly after receipt by Exchangeco of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time to permit the Agent to perform its obligations under this Agreement. Parent agrees to give Exchangeco notice (with a copy to the Agent) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with such meeting or seeking of such consent so as to enable Exchangeco to perform its obligations under this section 4.6.

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)

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List of Persons Entitled to Vote. Exchangeco The Corporation shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco the Corporation of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Trustee to perform its obligations under this Agreement. The Parent agrees to give Exchangeco the Corporation notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco the Corporation to perform its obligations under this section 4.6.

Appears in 3 contracts

Samples: Voting and Exchange Trust Agreement (Learning Co Inc), Voting and Exchange Trust Agreement (Silicon Graphics Inc /Ca/), Voting and Exchange Trust Agreement (Discreet Logic Inc)

List of Persons Entitled to Vote. Exchangeco shall, Trilogy Subsidiary shall (a) prior to each annual, general and special Trilogy Parent Meeting or the seeking of any Trilogy Parent Consent from the holders of Trilogy Parent Shares and (b) forthwith upon each request made at any time by the Agent 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 Trilogy Class C Units held of record by each such Beneficiary, in each case at the close of business on the date specified by the Agent Trustee in such request or, in the case of a List prepared in connection with a an Trilogy Parent Meeting or a Trilogy Parent Consent, at the close of business on the record date established by Trilogy Parent or pursuant to applicable law for determining the holders of Trilogy Parent Common Shares entitled to receive notice of and/or to vote at such Trilogy Parent Meeting or to give consent in connection with such Trilogy Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco Trilogy Subsidiary of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco notice (with a copy to the Agent) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with such meeting or seeking of such consent so as to enable Exchangeco to perform its obligations under this section 4.6.

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)

List of Persons Entitled to Vote. Exchangeco ExchangeCo shall, (a) prior to each annual, annual general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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, if requested, arranged by jurisdiction of residence) 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco ExchangeCo of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time to permit enable the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco ExchangeCo notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco ExchangeCo to perform its obligations under this section Section 4.6.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Counterpath Solutions, Inc.), Arrangement Agreement (Counterpath Solutions, Inc.)

List of Persons Entitled to Vote. Exchangeco shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in WSLegal\073132\00009\12677454v12 connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco of such request or the record date for such meeting or seeking of consent, as the case may be, and and, in any event event, within sufficient time as to permit the Agent Trustee to perform its obligations under this Agreement. The Parent agrees to give Exchangeco notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates date therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent consent, so as to enable Exchangeco to perform its obligations under this section Section 4.6.

Appears in 1 contract

Samples: Exchange Agreement (Biotricity Inc.)

List of Persons Entitled to Vote. Exchangeco shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco of such request or the record date for such meeting or seeking of consent, as the case may be, and and, in any event event, within sufficient time as to permit the Agent Trustee to perform its obligations under this Agreement. The Parent agrees to give Exchangeco notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates date therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent consent, so as to enable Exchangeco to perform its obligations under this section Section ?4.6.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Biotricity Inc.)

List of Persons Entitled to Vote. Exchangeco shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent Trustee in writing, prepare or cause to be prepared a list (a "ListLIST") 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco to perform its obligations under this section 4.6.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Solectron Corp)

List of Persons Entitled to Vote. Exchangeco Company shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent Trustee in writing, prepare or cause to be prepared a list (a "ListLIST") 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco Company of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco Company notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco Company to perform its obligations under this section 4.64.9.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Photon Dynamics Inc)

List of Persons Entitled to Vote. Exchangeco The Corporation shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco the Corporation of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Trustee to perform its obligations under this Agreement. The Parent agrees to give Exchangeco the Corporation notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco the Corporation to perform its obligations under this section 4.64.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Autodesk Inc)

List of Persons Entitled to Vote. Exchangeco Purchaser shall, (a) prior to each annual, general annual and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco Purchaser of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco Purchaser notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent ConsentConsent by Parent or its management, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco Purchaser to perform its obligations under this section Section 4.6.

Appears in 1 contract

Samples: Arrangement Agreement (Ad.Venture Partners, Inc.)

List of Persons Entitled to Vote. Exchangeco shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco of such request or the record date for such meeting or seeking of consent, as the case may be, and and, in any event event, within sufficient time as to permit the Agent Trustee to perform its obligations under this Agreement. The Parent agrees to give Exchangeco notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates date therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent consent, so as to enable Exchangeco to perform its obligations under this section Section 4.6.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (DelMar Pharmaceuticals, Inc.)

List of Persons Entitled to Vote. Exchangeco Company shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent Trustee in writing, prepare or cause to be prepared a list (a "ListLIST") 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco Company of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco Company notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco Company to perform its obligations under this section 4.6.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Divine Inc)

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List of Persons Entitled to Vote. Exchangeco shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent in writing, prepare or cause to be prepared a list (a "List") of the names and addresses of the Beneficiaries Vendors arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such BeneficiaryVendor, in each case at the close of business on the date specified by the Agent in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent promptly after receipt by Exchangeco of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time to permit the Agent to perform its obligations under this Agreement. Parent agrees to give Exchangeco notice (with a copy to the Agent) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with such meeting or seeking of such consent so as to enable Exchangeco to perform its obligations under this section 4.6.. Voting And Exchange Agency Agreement

Appears in 1 contract

Samples: Voting and Exchange Agency Agreement (Wireless Age Communications Inc)

List of Persons Entitled to Vote. Exchangeco shall, shall (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent Voting Trustee or the Parent in writing, prepare or cause to be prepared a list (a "List") of the names and addresses of the Voting Trust Beneficiaries arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Voting Trust Beneficiary, in each case at the close of business on the date specified by the Agent Voting Trustee or the Parent in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Voting Trustee or the Parent promptly after receipt by Exchangeco of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Parent to perform its obligations under this Agreement. The Parent agrees to give Exchangeco written notice (with a copy to the AgentVoting Trustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefortherefore, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco to perform its obligations under this section 4.6Section 4.7.

Appears in 1 contract

Samples: Exchange and Voting Trust Agreement (Peress Sass)

List of Persons Entitled to Vote. Exchangeco shall, Purchaser shall (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent Consents and (b) forthwith upon each request made at any time by the Agent Trustee or the Parent in writing, prepare or cause to be prepared a list (a "List") of the names and addresses of the Beneficiaries Shareholders arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such BeneficiaryShareholder, in each case at the close of business on the date specified by the Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Parent promptly after receipt by Exchangeco Purchaser of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Parent to perform its obligations under this Agreement. The Parent agrees to give Exchangeco Purchaser written notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco Purchaser to perform its obligations under this section 4.6Section 3.8.

Appears in 1 contract

Samples: Exchange and Voting Agreement (Internet Food Co Inc)

List of Persons Entitled to Vote. Exchangeco The Company shall, (a) prior to each annual, general annual and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent Trustee in writing, prepare or cause to be prepared a list (a "List") of the names and addresses of the Beneficiaries Holders arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such BeneficiaryHolder, in each case at the close of business on the date specified by the Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares Stock entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco the Company of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco the Company written notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco the Company to perform its obligations under this section 4.6Section 4.7.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Pri Automation Inc)

List of Persons Entitled to Vote. Exchangeco AcquisitionCo shall, : (ai) prior to each annual, general and or special Parent Meeting or the seeking of any Parent Consent and (bii) forthwith upon each request made at any time by the Agent 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 Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent Marathon or pursuant to applicable law for determining the holders of Parent Common Shares Marathon Shareholders entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco AcquisitionCo of such request or on the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Trustee to perform its obligations under this Agreementagreement. Parent Marathon agrees to give Exchangeco AcquisitionCo written notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco AcquisitionCo to perform its obligations under this section Section 4.6.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Marathon Oil Corp)

List of Persons Entitled to Vote. Exchangeco The Corporation shall, (a) prior to each annual, general and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent Trustee in writing, prepare or cause to be prepared a list (a "List") of the names and addresses of the Beneficiaries Non-Affiliated Holders arranged in alphabetical order and showing the number of Exchangeable Preferred Shares held of record by each such BeneficiaryNon-Affiliated Holder, in each case at the close of business on the date specified by the Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by the Parent or pursuant to applicable law for determining the holders of Parent Common Shares Stock entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco the Corporation of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time to permit the Agent to perform its obligations under this Agreement. The Parent agrees to give Exchangeco the Corporation written notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco the Corporation to perform its obligations under this section 4.6.

Appears in 1 contract

Samples: Voting, Support and Exchange Trust Agreement (Voice Mobility International Inc)

List of Persons Entitled to Vote. Exchangeco The Company shall, (a) prior to each annual, general annual and special Parent Meeting or the seeking of any Parent Consent and (b) forthwith upon each request made at any time by the Agent Trustee in writing, prepare or cause to be prepared a list (a "List") of the names and addresses of the Beneficiaries Holders arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such BeneficiaryHolder, in each case at the close of business on the date specified by the Agent Trustee in such request or, in the case of a List prepared in connection with a Parent Meeting or a Parent Consent, at the close of business on the record date established by Parent or pursuant to applicable law for determining the holders of Parent Common Shares Stock entitled to receive notice of and/or to vote at such Parent Meeting or to give consent in connection with such Parent Consent. Each such List shall be delivered to the Agent Trustee promptly after receipt by Exchangeco the Company of such request or the record date for such meeting or seeking of consent, as the case may be, and in any event within sufficient time as to permit enable the Agent Trustee to perform its obligations under this Agreement. Parent agrees to give Exchangeco the Company written notice (with a copy to the AgentTrustee) of the calling of any Parent Meeting or the seeking of any Parent Consent, together with the record dates therefor, sufficiently prior to the record date in connection with of the calling of such meeting or seeking of such consent so as to enable Exchangeco the Company to perform its obligations under this section 4.6Section 4.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Pri Automation Inc)

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