Common use of Notice of Distributions; Fixing of Record Date for Holders of Receipts Clause in Contracts

Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any dividend or other cash distributions shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock are entitled to vote or of which holders of such Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date, if any, fixed by the Company with respect to the Preferred Stock) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or (c) whose Depositary Shares are to be so redeemed.

Appears in 55 contracts

Samples: Deposit Agreement (First Bancorp /Nc/), Deposit Agreement (Southern First Bancshares Inc), Deposit Agreement (Live Oak Bancshares, Inc.)

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Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distributions shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred StockShares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock Shares are entitled to vote or of which holders of such Preferred Stock Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date, if any, fixed by the Company with respect to the Preferred StockShares) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or (c) whose Depositary Shares are to be so redeemed.

Appears in 4 contracts

Samples: Deposit Agreement (Colonial Properties Trust), Deposit Agreement (Colonial Properties Trust), Deposit Agreement (Mills Corp)

Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distributions shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred StockShares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock Shares are entitled to vote or of which holders of such Preferred Stock Shares are entitled to notice notice, or (ii) any election on the part of whenever the Company to redeem any shares of such Preferred Stockand the Depositary decide it appropriate, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date, if any, fixed by the Company with respect to the Preferred StockShares (the “Record Date”)) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting meeting, or (c) who shall be entitled to receive notice of such meeting or (c) whose Depositary Shares are to be so redeemedmeeting.

Appears in 2 contracts

Samples: Deposit Agreement (Sb Financial Group, Inc.), Deposit Agreement (First Citizens Banc Corp /Oh)

Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any dividend or other cash distributions shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred StockShares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock Shares are entitled to vote or of which holders of such Preferred Stock Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date, if any, fixed by the Company with respect to the Preferred StockShares) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or (c) whose Depositary Shares are to be so redeemed.

Appears in 2 contracts

Samples: Form of Deposit Agreement (Trustreet Properties Inc), Form of Deposit Agreement (Capital Automotive Reit)

Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any dividend or other cash distributions distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock are entitled to vote or of which holders of such Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date, if any, date fixed by the Company with respect to the Preferred Stock) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or (c) whose Depositary Shares are to be so redeemed.

Appears in 2 contracts

Samples: Deposit Agreement (Excel Realty Trust Inc), Deposit Agreement (New Plan Realty Trust)

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Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distributions distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred StockShares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock Shares are entitled to vote or of which holders of such Preferred Stock Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date, if any, date fixed by the Company with respect to the Preferred StockShares) (a) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or (c) if such a record date is fixed for the redemption of Preferred Shares (at the option of the Company) whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Equity Residential)

Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any dividend or other cash distributions shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred StockShares, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock Shares are entitled to vote or of which holders of such Preferred Stock Shares are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred StockShares, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date, if any, fixed by the Company with respect to the Preferred StockShares) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or (c) whose Depositary Shares are to be so redeemed.

Appears in 1 contract

Samples: Deposit Agreement (Federal Realty Investment Trust)

Notice of Distributions; Fixing of Record Date for Holders of Receipts. Whenever any dividend or other cash distributions shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred Stock, or whenever the Depositary Depository shall receive notice of (i) any meeting at which holders of such Preferred Stock are entitled to vote or of which holders of such Preferred Stock are entitled to notice or (ii) any election on the part of whenever the Company to redeem any shares of such Preferred Stockand Depository decide it appropriate, the Depositary Depository shall in each such instance fix a record date (which shall be the same date as the record date, if any, fixed by the Company with respect to the Preferred StockStock (the “Record Date”)) for the determination of the holders of Receipts (a) who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, (b) who shall be entitled to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting meeting, or (c) whose Depositary Shares are who shall be entitled to be so redeemednotice of such meeting.

Appears in 1 contract

Samples: Deposit Agreement (Midwest Banc Holdings Inc)

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