Notice of Dividends, etc.; Fixing of Record Date for Holders of Receipts. Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or if rights, preferences or privileges shall at any time be offered, with respect to the Convertible Preferred Stock, or whenever the Depositary shall receive notice of any meeting at which holders of Convertible Preferred Stock are entitled to vote or of which holders of Convertible Preferred Stock are entitled to notice or any request for action by written consent, or whenever the Depositary and the Company shall decide it is appropriate, the Depositary shall (upon receipt of such notice, which notice shall be deemed to constitute written instruction from the Company) in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred Stock) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges, or who shall be entitled to notice of such meeting or any request for action by written consent or for any other appropriate reasons.
Appears in 2 contracts
Samples: Deposit Agreement (Constellation Brands Inc), Deposit Agreement (Constellation Brands Inc)
Notice of Dividends, etc.; Fixing of Record Date for Holders of Receipts. (i) Whenever any cash dividend or other cash distribution shall become payable or any distribution of property (including securities) other than cash shall be made, or (ii) if rights, preferences or privileges shall at any time be offered, offered with respect to the Convertible Preferred Stock, or (iii) whenever the Depositary shall receive notice of (a) any meeting at which holders of Convertible Preferred Stock are entitled to vote or of which holders of Convertible Preferred Stock are entitled to notice or any request for action by written consentnotice, or (b) any election on the part of the Company to redeem any shares of Stock, or (iv) whenever the Depositary and the Company shall decide it is appropriate, the Depositary shall (upon receipt of such noticeshall, which notice shall be deemed to constitute written instruction from the Company) in each such instance instance, fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred Stock) for the determination of the holders of Receipts who shall be entitled hereunder to receive a distribution in respect of such dividend, distribution, rights, preferences or privilegesprivileges or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting, or who shall should be entitled to receive notice of such meeting or any request for action by written consent or for any other appropriate reasons.
Appears in 2 contracts
Samples: Deposit Agreement (S&t Bancorp Inc), Deposit Agreement (Wachovia Preferred Funding Corp)
Notice of Dividends, etc.; Fixing of Record Date for Holders of Receipts. (i) Whenever any cash dividend or other cash distribution shall become payable or any distribution of property (including securities) other than cash shall be made, or (ii) if rights, preferences or privileges shall at any time be offered, offered with respect to the Convertible Preferred Stock, or (iii) whenever the Depositary shall receive notice of (a) any meeting at which holders of Convertible Preferred shares of Stock are entitled to vote or of which holders of Convertible Preferred shares of Stock are entitled to notice or any request for action by written consentnotice, or (b) any election on the part of the Company to redeem any shares of Stock, or (iv) whenever the Depositary and the Company shall decide it is appropriate, the Depositary shall (upon receipt of such noticeshall, which notice shall be deemed to constitute written instruction from the Company) in each such instance instance, fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred Stock) for the determination of the holders of Receipts who shall be entitled hereunder to receive a distribution in respect of such dividend, distribution, rights, preferences or privilegesprivileges or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting, or who shall should be entitled to receive notice of such meeting or any request for action by written consent or for any other appropriate reasons.
Appears in 2 contracts
Samples: Deposit Agreement (Wachovia Corp New), Deposit Agreement (Wachovia Corp New)