Common use of Non-Change of Control Voting Alignment Clause in Contracts

Non-Change of Control Voting Alignment. In situations not involving a Change of Control, the Investor covenants and agrees with the Company that, unless and until (i) the Parties otherwise agree in writing; or (ii) the completion of a Fundamental Change, it will either: (a) exercise the votes attached to any and all Common Shares it holds and/or controls, and to the extent it is afforded a voting right, the Debentures, on each matter that may come before the shareholders of the Company in the manner recommended by the Board to the shareholders of the Company or (b) not exercise, in respect of such matter, the votes attached to any and all Common Shares it holds and/or controls.