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

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

Appears in 3 contracts

Samples: Voting and Exchange Agreement (Aspi Europe Inc), Voting and Exchange Agreement (Dow Scott), Voting and Exchange Agreement (Winters F Thomas Iii)

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List of Persons Entitled to Vote. Amalco shall RVI Sub shall, (ai) prior to each annual, general and or special Pubco RVI Meeting or the seeking of any Pubco Consents RVI Consent and (bii) forthwith upon each request made at any time by the Trustee or Pubco in writing, prepare or cause to be prepared a list (a "β€œList"”) of the names and addresses of the Holders arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Holder, in each case at the close of business on the date specified by the Trustee or Pubco in such request or, in the case of a List prepared in connection with a Pubco RVI Meeting or a Pubco RVI Consent, at the close of business on the record date established by Pubco RVI or pursuant to applicable law for determining the holders of Pubco RVI Common Stock entitled to receive notice of and/or to vote at such Pubco RVI Meeting or to give consent in connection with such Pubco RVI Consent. Each such List shall be delivered to Pubco the Trustee promptly after receipt by Amalco RVI Sub 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 enable Pubco the Trustee to perform its obligations under this Agreementagreement. Pubco RVI agrees to give Amalco RVI Sub written notice (with a copy to the Trustee) of the calling of any Pubco RVI Meeting or the seeking of any Pubco RVI Consent, together with the record dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable Amalco RVI Sub to perform its obligations under this Section 4.6.

Appears in 3 contracts

Samples: Voting and Exchange Trust Agreement (API Nanotronics Corp.), Voting and Exchange Trust Agreement (Rubincon Ventures Inc), Voting and Exchange Trust Agreement (Rubincon Ventures Inc)

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

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Quinko-Tek International, Inc.), Voting and Exchange Trust Agreement (Foodfest International 2000 Inc.)

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

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Transaction Systems Architects Inc)

List of Persons Entitled to Vote. Amalco shall Westcor shall, (ai) prior to each annual, general and special Pubco Meeting or the seeking of any Pubco Consents Consent and (bii) forthwith upon each request made at any time by the Trustee or Pubco in writing, prepare or cause to be prepared a list (a "List") of the names and addresses of the Holders arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Holder, in each case at the close of business on the date specified by the Trustee or Pubco in such request or, in the case of a List prepared in connection with a Pubco Meeting or a Pubco Consent, at the close of business on the record date established by Pubco or pursuant to applicable law for determining the holders of Pubco Common Stock entitled to receive notice of and/or to vote at such Pubco Meeting or to give consent in connection with such Pubco Consent. Each such List shall be delivered to Pubco the Trustee promptly after receipt by Amalco Westcor 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 enable Pubco the Trustee to perform its obligations under this Agreement. Pubco agrees to give Amalco Westcor written notice (with a copy to the Trustee) of the calling of any Pubco Meeting or the seeking of any Pubco Consent, Consent together with the record dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable Amalco Westcor to perform its obligations under this Section 4.64(f).

Appears in 1 contract

Samples: Voting Trust and Exchange Agreement (E Financial Depot Com)

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

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Enerplus Resources Fund)

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

Appears in 1 contract

Samples: Combination Agreement (Fuelcell Energy Inc)

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