Common use of Notice and Voting Clause in Contracts

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, to the Holders of Normal Units a notice prepared by the Company (a) containing such information as is contained in the notice or solicitation, (b) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged Notes underlying their Normal Units and (c) stating the manner in which such instructions may be given. Upon the written request of any Holder of Normal Units on such record date, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such request, the maximum number of Pledged Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal Unit, the Purchase Contract Agent shall abstain from voting the Pledged Note underlying such Normal Unit. The Company hereby agrees, if applicable, to solicit Holders of Normal Units to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes Senior Notes, but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Corporate Units a notice prepared by the Company notice: (a1) containing such information as is contained in the notice or solicitation, ; (b2) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Senior Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged such Senior Notes underlying their Normal Units and Corporate Units; and (c3) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Corporate Units on such record datedate received by the Purchase Contract Agent at least six days prior to such meeting or by the expiration date of any such solicitation, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number principal amount of Pledged Senior Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal UnitCorporate Units, the Purchase Contract Agent shall abstain from voting the Pledged Note Senior Notes underlying such Normal UnitCorporate Units. The Company hereby agrees, if applicable, to solicit Holders of Normal Corporate Units to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes Senior Notes, but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Units a notice prepared by the Company Corporate Stock Purchase Unitsa notice: (a1) containing such information as is contained in the notice or solicitation, ; (b2) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Senior Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged such Senior Notes underlying their Normal Units and Corporate Stock Purchase Units; and (c3) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Units on Corporate Stock Purchase Unitson such record datedate received by the Purchase Contract Agent at least six days prior to such meeting or by the expiration date of any such solicitation, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number principal amount of Pledged Senior Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal UnitCorporate Stock Purchase Units, the Purchase Contract Agent shall abstain from voting the Pledged Note Senior Notes underlying such Normal UnitCorporate Stock Purchase Units. The Company hereby agrees, if applicable, to solicit Holders of Normal Units to Corporate Stock Purchase Unitsto timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Corporate Units a notice prepared by the Company (a) containing such information as is contained in the notice or solicitation, (b) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged Notes underlying their Normal constituting a part of such Holder’s Corporate Units and (c) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Corporate Units on such record date, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number of Pledged Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal Corporate Unit, the Purchase Contract Agent shall abstain from voting the Pledged Note underlying such Normal Corporate Unit. The Company hereby agrees, if applicable, to solicit Holders of Normal Corporate Units to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes Senior Notes, but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Units Corporate PIES a notice prepared by the Company notice: (a1) containing such information as is contained in the notice or solicitation, ; (b2) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Senior Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged such Senior Notes underlying their Normal Units and Corporate PIES; and (c3) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Units Corporate PIES on such record datedate received by the Purchase Contract Agent at least six days prior to such meeting, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number principal amount of Pledged Senior Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal UnitCorporate PIES, the Purchase Contract Agent shall abstain from voting the Pledged Note Senior Notes underlying such Normal UnitCorporate PIES. The Company hereby agrees, if applicable, to solicit Holders of Normal Units Corporate PIES to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes Senior Notes, but it will do so only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Corporate Units a notice prepared by the Company notice: (a1) containing such information as is contained in the notice or solicitation, ; (b2) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Senior Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged such Senior Notes underlying their Normal Units and Corporate Units; and (c3) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Corporate Units on such record datedate received by the Purchase Contract Agent at least six days prior to such meeting or the expiration date of any such solicitation, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number principal amount of Pledged Senior Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal UnitCorporate Units, the Purchase Contract Agent shall abstain from voting the Pledged Note Senior Notes underlying such Normal UnitCorporate Units. The Company hereby agrees, if applicable, to solicit Holders of Normal Corporate Units to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Corporate Units a notice prepared by the Company (a) containing such information as is contained in the notice or solicitation, (b) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged Notes underlying their Normal constituting a part of such Holder's Corporate Units and (c) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Corporate Units on such record date, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number of Pledged Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal Corporate Unit, the Purchase Contract Agent shall abstain from voting the Pledged Note underlying such Normal Corporate Unit. The Company hereby agrees, if applicable, to solicit Holders of Normal Corporate Units to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Senior Notes pledged with the Collateral Agent but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Units Income PRIDES a notice prepared by the Company (a) containing such information as is contained in the notice or solicitation, (b) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Senior Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged Senior Notes underlying their Normal Units Income PRIDES and (c) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Units Income PRIDES on such record date, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number of Pledged Senior Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal Unitan Income PRIDES, the Purchase Contract Agent shall abstain from voting the Pledged Senior Note underlying constituting a part of such Normal UnitHolder’s Income PRIDES. The Company hereby agrees, if applicable, to solicit Holders of Normal Units Income PRIDES to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes Senior Notes, but it will do so only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Corporate Units a notice prepared by the Company notice: (a1) containing such information as is contained in the notice or solicitation, ; (b2) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Senior Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged such Senior Notes underlying their Normal Units and Corporate Units; and (c3) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Corporate Units on such record datedate received by the Purchase Contract Agent at least six days before such meeting or the expiration date of any such solicitation, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number principal amount of Pledged Senior Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal UnitCorporate Units, the Purchase Contract Agent shall abstain from voting the Pledged Note Senior Notes underlying such Normal UnitCorporate Units. The Company hereby agrees, if applicable, to solicit Holders of Normal Corporate Units to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes.

Notice and Voting. Under and subject (a) Subject to the terms of the Pledge Agreement and this AgreementSection 4.03(b) hereof, the Purchase Contract Agent will be entitled to exercise the may exercise, or refrain from exercising, any and all voting and any other consensual rights pertaining to the Pledged Senior Notes but only or any part thereof for any purpose not inconsistent with the terms of this Agreement; provided that the Purchase Contract Agent shall not exercise or shall not refrain from exercising such right, as the case may be, if, in the judgment of the Purchase Contract Agent, such action would impair or otherwise have a material adverse effect on the value of all or any of the Pledged Senior Notes; and provided further that the Purchase Contract Agent shall give the Company and the Collateral Agent at least four Business Days’ prior written notice of the manner in which it intends to exercise, or its reasons for refraining from exercising, any such right. Upon receipt of any notices and other communications in respect of any Pledged Senior Notes, including notice of any meeting at which holders of the Senior Notes are entitled to vote or solicitation of consents, waivers or proxies of holders of the Senior Notes, the Collateral Agent shall use reasonable efforts to send promptly to the extent instructed Purchase Contract Agent such notice or communication, and as soon as reasonably practicable after receipt of a written request therefor from the Purchase Contract Agent, execute and deliver to the Purchase Contract Agent such proxies and other instruments in writing respect of such Pledged Senior Notes (in form and substance satisfactory to the Collateral Agent) as are prepared by the Holders as described below. Company and delivered to the Purchase Contract Agent with respect to the Pledged Senior Notes. (b) Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiariesfirst class, postage pre-paid, to the Holders of Normal Corporate Units a notice prepared by the Company notice: (ai) containing such information as is contained in the notice or solicitation, ; (bii) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Notes Senior Notes, as the case may be, entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged such Senior Notes underlying their Normal Units and Corporate Units; and (ciii) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Corporate Units on such record datedate received by the Purchase Contract Agent at least six days prior to such meeting, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number of Pledged Notes Senior Notes, as the case may be, as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal Corporate Unit, the Purchase Contract Agent shall abstain from voting the Pledged Note Senior Notes underlying such Normal Corporate Unit. The Company hereby agrees, if applicable, to solicit Holders of Normal Corporate Units to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes. (c) The Holders of Corporate Units and Treasury Units shall have no voting or other rights in respect of Common Stock.

Notice and Voting. Under and subject to the terms of the Pledge Agreement and this Agreement, the Purchase Contract Agent will be entitled to exercise the voting and any other consensual rights pertaining to the Pledged Notes Senior Notes, but only to the extent instructed in writing by the Holders as described below. Upon receipt of notice of any meeting at which holders of Senior Notes are entitled to vote or upon any solicitation of consents, waivers or proxies of holders of Senior Notes, the Purchase Contract Agent shall, as soon as practicable thereafter, mail, at the expense of the Company or one of its subsidiaries, mail to the Holders of Normal Units Corporate PIES a notice prepared by the Company notice: (a1) containing such information as is contained in the notice or solicitation, ; (b2) stating that each Holder on the record date set by the Purchase Contract Agent therefor (which, to the extent possible, shall be the same date as the record date for determining the holders of Senior Notes entitled to vote) shall be entitled to instruct the Purchase Contract Agent as to the exercise of the voting rights pertaining to the Pledged such Senior Notes underlying their Normal Units and Corporate PIES; and (c3) stating the manner in which such instructions may be given. Upon the written request of any Holder the Holders of Normal Units Corporate PIES on such record datedate received by the Purchase Contract Agent at least six days prior to such meeting or by the expiration date of any such solicitation, the Purchase Contract Agent shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestrequests, the maximum number principal amount of Pledged Senior Notes as to which any particular voting instructions are received. In the absence of specific instructions from the Holder of a Normal UnitCorporate PIES, the Purchase Contract Agent shall abstain from voting the Pledged Note Senior Notes underlying such Normal UnitCorporate PIES. The Company hereby agrees, if applicable, to solicit Holders of Normal Units Corporate PIES to timely instruct the Purchase Contract Agent in writing in order to enable the Purchase Contract Agent to vote such Pledged Senior Notes.