Common use of Number of Votes Clause in Contracts

Number of Votes. With respect to all meetings of shareholders of Fenix at which holders of Fenix Stock are entitled to vote (each, a “Fenix Meeting”) and with respect to all written consents sought by Fenix from its shareholders including the holders of Fenix Stock (each, a “Fenix Consent”), each Beneficiary shall be entitled to instruct the Trustee to cast and exercise, in the manner instructed, that number of votes comprised in the Voting Rights for each Fenix Special Voting Share which is equal to that number of votes which would attach to the shares of Fenix Stock receivable upon the exchange of the Exchangeable Shares (i) corresponding to such Fenix Special Voting Share and (ii) owned of record by such Beneficiary on the record date established by Fenix or by applicable law for such Fenix Meeting or Fenix Consent, as the case may be (the “Beneficiary Votes”), in respect of each matter, question, proposal or proposition to be voted on at such Fenix Meeting or in connection with such Fenix Consent. For greater certainty, in the case of a class vote in one class of Fenix Stock, the Trustee shall only exercise Voting Rights with respect to the Fenix Special Voting Share corresponding to such class of Fenix Stock, and each Beneficiary holding any Exchangeable Shares shall be entitled to instruct the Trustee to cast and exercise on such class vote that number of votes comprised in the Voting Rights which is equal to that number of votes which would attach to the shares of Fenix Stock into which such Beneficiary’s Exchangeable Shares are then exchangeable for.

Number of Votes. With respect to all meetings of shareholders of Fenix Coors at which holders of Fenix Coors Common Stock are entitled to vote (each, a “Fenix "Coors Meeting”") and with respect to all written consents sought by Fenix Coors from its shareholders including the holders of Fenix Coors Common Stock (each, a “Fenix "Coors Consent”"), each Beneficiary shall be entitled to instruct the Trustee to cast and exercise, in the manner instructed, exercise that number of votes comprised in the Voting Rights for each Fenix Coors Special Voting Share which is equal to that number of votes which would attach to the shares of Fenix Coors Common Stock receivable upon the exchange of the Exchangeable Shares (i) corresponding to such Fenix Coors Special Voting Share and (ii) owned of record by such Beneficiary on the record date established by Fenix Coors or by applicable law for such Fenix Coors Meeting or Fenix Coors Consent, as the case may be (the “"Beneficiary Votes”"), in respect of each matter, question, proposal or proposition to be voted on at such Fenix Coors Meeting or in connection with such Fenix Coors Consent. For greater certainty, in the case of a class vote in one class of Fenix Coors Common Stock, the Trustee shall only exercise Voting Rights with respect to the Fenix Coors Special Voting Share corresponding to such class of Fenix Coors Common Stock, and each Beneficiary holding any Corresponding Exchangeable Shares shall be entitled to instruct the Trustee to cast and exercise on such class vote that number of votes comprised in the Voting Rights which is equal to that number of votes which would attach to the shares of Fenix Coors Common Stock into which such Beneficiary’s 's Corresponding Exchangeable Shares are then exchangeable for.

Number of Votes. With respect to all meetings of shareholders stockholders of Fenix the Company at which holders of Fenix Class B Common Stock are or, if outstanding, would be entitled to vote (each, a “Fenix Stockholder Meeting”) and with respect to all written consents sought by Fenix the Company from its shareholders stockholders, including the holders of Fenix Class B Common Stock (each, a “Fenix Stockholder Consent”), each Beneficiary shall be entitled to instruct the Trustee to cast and exercise, in the manner instructed, that number of votes comprised in the Voting Rights for each Fenix Special Voting Share LP Exchangeable Unit which is equal to that number of votes which would attach to the shares of Fenix Class B Common Stock receivable upon the exchange of the LP Exchangeable Shares Units (i) corresponding to such Fenix Class B Special Voting Share and (ii) owned of record by such Beneficiary on the record date established by Fenix the Company or by applicable law for such Fenix Stockholder Meeting or Fenix Stockholder Consent, as the case may be (the “Beneficiary Votes”), in respect of each matter, question, proposal or proposition matter to be voted on at such Fenix Stockholder Meeting or in connection with such Fenix Stockholder Consent. For greater certainty, in In the case only of a class vote in one class of Fenix Class B Common Stock, voting separately as a class, the Trustee shall only exercise Voting Rights with respect to the Fenix Class B Special Voting Share corresponding in that event to such class of Fenix the Class B Common Stock, and each Beneficiary holding any Exchangeable Shares shall be entitled to instruct the Trustee to cast and exercise on such class vote that number of votes comprised in the Voting Rights which is equal to that the number of votes which would attach to the shares LP Exchangeable Units owned of Fenix Stock into which record by such Beneficiary’s Exchangeable Shares are then exchangeable for.