List of Persons Entitled to Vote. The Corporation shall, (a) prior to each annual, general and special Applied Meeting or the seeking of any Applied 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 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 in such request or, in the case of a List prepared in connection with an Applied Meeting or an Applied Consent, at the close of business on the record date established by Applied or pursuant to applicable law for determining the holders of Applied Common Stock entitled to receive notice of and/or to vote at such Applied Meeting or to give consent in connection with such Applied Consent. Each such List shall be delivered to the Trustee promptly after receipt by 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 enable the Trustee to perform its obligations under this Agreement. Applied agrees to give the Corporation notice (with a copy to the Trustee) of the calling of any Applied Meeting or the seeking of any Applied 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 the Corporation to perform its obligations under this section 4.6.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Applied Cellular Technology Inc)
List of Persons Entitled to Vote. The Corporation Exchangeco shall, (a) prior to each annual, general and special Applied Parent Meeting or the seeking of any Applied Parent 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 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 in such request or, in the case of a List prepared in connection with an Applied a Parent Meeting or an Applied Parent Consent, at the close of business on the record date established by Applied the Parent or pursuant to applicable law for determining the holders of Applied Common Stock Parent Shares entitled to receive notice of and/or to vote at such Applied Parent Meeting or to give consent in WSLegal\073132\00009\12677454v12 connection with such Applied Parent Consent. Each such List shall be delivered to the Trustee promptly after receipt by the Corporation 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 enable permit the Trustee to perform its obligations under this Agreement. Applied The Parent agrees to give the Corporation Exchangeco notice (with a copy to the Trustee) of the calling of any Applied Parent Meeting or the seeking of any Applied Parent Consent, together with the record dates date therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent consent, so as to enable the Corporation 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. The Corporation shall, will prepare or cause to be prepared (a) prior to each annual, general and special Applied Pixelworks Meeting or the seeking of any Applied Pixelworks 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 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 in such request or, in the case of a List prepared in connection with an Applied a Pixelworks Meeting or an Applied a Pixelworks Consent, at the close of business on the record date established by Applied Pixelworks or pursuant to applicable law for determining the holders of Applied Common Stock Pixelworks Stockholder entitled to receive notice of and/or to vote at such Applied Pixelworks Meeting or to give consent in connection with such Applied Pixelworks Consent. Each such List shall will be delivered to the Trustee promptly after receipt by 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 enable the Trustee to perform its obligations under this Agreementagreement. Applied Pixelworks agrees to give the Corporation written notice (with a copy to the Trustee) of the calling of any Applied Pixelworks Meeting or the seeking of any Applied Pixelworks Consent, together with the record dates therefor, sufficiently prior to in advance of the date of the calling of such meeting Pixelworks Meeting or the seeking of such consent so as to enable the Corporation to perform its obligations under this section 4.6.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Pixelworks Inc)
List of Persons Entitled to Vote. The Corporation Exchangeco shall, (a) prior to each annual, general and special Applied Apta Meeting or the seeking of any Applied Apta Consent and (b) forthwith upon each request made at any time by the Trustee in writingAgent, 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 Agent in such request or, in the case of a List prepared in connection with an Applied a Apta Meeting or an Applied a Apta Consent, at the close of business on the record date established by Applied Apta or pursuant to applicable law for determining the holders of Applied Apta Common Stock Shares entitled to receive notice of and/or to vote at such Applied Apta Meeting or to give consent in connection with such Applied Apta Consent. Each such List shall be delivered to the Trustee Agent promptly after receipt by the Corporation 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 permit the Trustee Agent to perform its obligations under this Agreement. Applied Apta agrees to give the Corporation Exchangeco notice (with a copy to the TrusteeAgent) of the calling of any Applied Apta Meeting or the seeking of any Applied Apta Consent, together with the record dates therefor, sufficiently prior to the record date of the calling of in connection with such meeting or seeking of such consent so as to enable the Corporation Exchangeco to perform its obligations under this section 4.6.
Appears in 1 contract
Samples: Voting and Exchange Agency Agreement (Apta Holdings Inc)
List of Persons Entitled to Vote. The Corporation PTI Holdco shall, (ai) prior to each annual, general and or special Applied OSI Meeting or the seeking of any Applied OSI Consent and (bii) 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 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 in such request or, in the case of a List prepared in connection with an Applied a OSI Meeting or an Applied a OSI Consent, at the close of business on the record date established by Applied OSI or pursuant to applicable law for determining the holders of Applied OSI Common Stock entitled to receive notice of and/or to vote at such Applied OSI Meeting or to give consent in connection with such Applied OSI Consent. Each such List shall be delivered to the Trustee promptly after receipt by the Corporation PTI Holdco 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 the Trustee to perform its obligations under this Agreementagreement. Applied OSI agrees to give the Corporation PTI Holdco written notice (with a copy to the Trustee) of the calling of any Applied OSI Meeting or the seeking of any Applied OSI 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 the Corporation PTI Holdco to perform its obligations under this section Section 4.6.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Oil States International Inc)
List of Persons Entitled to Vote. The Corporation Cableshare shall, (a) prior to each annual, general and special Applied Source Meeting or the seeking of any Applied Source 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 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 in such request or, in the case of a List prepared in connection with an Applied a Source Meeting or an Applied a Source Consent, 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 a Source Meeting or a Source Consent, at the close of business on the record date established by Applied Source or pursuant to applicable law for determining the holders of Applied Source Common Stock Shares entitled to receive notice of and/or to vote at such Applied Source Meeting or to give consent in connection with such Applied Source Consent. Each such List shall be delivered to the Trustee promptly after receipt by the Corporation Cableshare 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 the Trustee to perform its obligations under this Agreement. Applied Source agrees to give the Corporation Cableshare notice (with a copy to the Trustee) of the calling of any Applied Source Meeting or the seeking of any Applied Source 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 the Corporation Cableshare to perform its obligations under this section 4.64.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Source Media Inc)
List of Persons Entitled to Vote. The Corporation shall, (a) prior to each annual, general and special Applied BackWeb Meeting or the seeking of any Applied BackWeb Consent and (b) forthwith upon each request made at any time by the Trustee in writing, prepare or cause to be prepared through the registrar and transfer agent 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 in such request or, in the case of a List prepared in connection with an Applied a BackWeb Meeting or an Applied a BackWeb Consent, at the close of business on the record date established by Applied BackWeb or pursuant to applicable law for determining the holders of Applied Common Stock BackWeb Ordinary Shares entitled to receive notice of and/or to vote at such Applied BackWeb Meeting or to give consent in connection with such Applied BackWeb Consent. Each such List shall be delivered to the Trustee promptly after receipt by 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 enable the Trustee to perform its obligations under this Agreement. Applied BackWeb agrees to give the Corporation notice (with a copy to the Trustee) of the calling of any Applied BackWeb Meeting or the seeking of any Applied BackWeb 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 the Corporation to perform its obligations under this section 4.6.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Backweb Technologies LTD)
List of Persons Entitled to Vote. The Corporation shall, (a) prior to each annual, general and and/or special Applied Parent Meeting or the seeking of any Applied Parent 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 Non-Affiliated Holders arranged in alphabetical order and showing the number of Exchangeable Shares held of record by each such Non-Affiliated Holder, 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 Applied a Parent Meeting or an Applied a Parent Consent, at the close of business on the record date established by Applied the Parent or pursuant to applicable law for determining the holders of Applied Parent Common Stock entitled to receive notice of and/or to vote at such Applied Parent Meeting or to give consent in connection with such Applied Parent Consent. Each such List shall be delivered to the Trustee promptly after receipt by the Corporation 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 enable the Trustee to perform its obligations under this Agreementtrust agreement. Applied The Parent agrees to give the Corporation written notice (with a copy to the Trustee) of the calling of any Applied Parent Meeting or the seeking of any Applied Parent 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 the Corporation to perform its obligations under this section Section 4.6.
Appears in 1 contract
Samples: Voting, Support and Exchange Trust Agreement (Veritas Software Corp /De/)
List of Persons Entitled to Vote. The Corporation ACTsub shall, (a) prior to each annual, general and special Applied ACT Meeting or the seeking of any Applied ACT 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 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 in such request or, in the case of a List prepared in connection with an Applied ACT Meeting or an Applied ACT Consent, at the close of business on the record date established by Applied ACT or pursuant to applicable law for determining the holders Holders of Applied ACT Common Stock entitled to receive notice of and/or to vote at such Applied ACT Meeting or to give consent in connection with such Applied ACT Consent. Each such List shall be delivered to the Trustee promptly after receipt by the Corporation ACTsub 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 the Trustee to perform its obligations under this Agreement. Applied ACT agrees to give the Corporation ACTsub notice (with a copy to the Trustee) of the calling of any Applied ACT Meeting or the seeking of any Applied ACT 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 the Corporation ACTsub to perform its obligations under this section Section 4.6.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Applied Cellular Technology Inc)
List of Persons Entitled to Vote. The Corporation shall, (a) prior to each annual, general and special Applied Orbital Meeting or the seeking of any Applied Orbital 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 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 in such request or, in the case of a List prepared in connection with an Applied Orbital Meeting or an Applied Orbital Consent, at the close of business on the record date established by Applied Orbital or pursuant to applicable law for determining the holders of Applied Orbital Common Stock Shares entitled to receive notice of and/or to vote at such Applied Orbital Meeting or to give consent in connection with such Applied Orbital Consent. Each such List shall be delivered to the Trustee promptly after receipt by 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 enable the Trustee to perform its obligations under this Agreement. Applied Orbital agrees to give the Corporation notice (with a copy to the Trustee) of the calling of any Applied Orbital Meeting or the seeking of any Applied Orbital 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 the Corporation to perform its obligations under this section 4.6.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Orbital Sciences Corp /De/)