Restricted Class Voting Sample Clauses

Restricted Class Voting. Except as otherwise expressly provided herein or as required by law, the holders of Preferred Stock and the holders of Common Stock shall vote together and not as separate classes.
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Restricted Class Voting. In addition to any class or series voting rights provided to the holders of Series B1 Preferred Stock herein or required by law, on any matter presented to the shareholders of the Corporation for their action or consideration at any meeting of shareholders of the Corporation (or by written consent of shareholders in lieu of meeting), each holder of outstanding shares of Series B1 Preferred Stock shall be entitled to cast the number of votes equal to the number of whole shares of Common Stock into which the shares of Series B1 Preferred Stock held by such holder are convertible as of the record date for determining shareholders entitled to vote on such matter, subject in all cases to the Maximum Percentage (i.e., in no event shall any Holder have the right to vote more voting shares in connection with the terms of this Section 6.1 than as equals its individual Maximum Percentage (when aggregated with all other voting shares beneficially owned by such Holder as of such applicable record date)), and shall be entitled, notwithstanding any provision hereof, to notice of any shareholders’ meeting in accordance with the bylaws of the Corporation. Fractional votes shall not, however, be permitted and any fractional voting rights available on an as-converted to Common Stock basis (after aggregating all fractional shares into which shares of Series B1 Preferred Stock held by each holder could be converted) shall be rounded to the nearest whole share (with one-half being rounded upward). Except as provided by law or by the other provisions of the Articles of Incorporation or this Designation, holders of Series B1 Preferred Stock shall vote together with the holders of Common Stock as a single class. In the event any Holder’s voting rights under this Section 6.1 are limited by the Maximum Percentage, the total number of voting shares eligible to be voted on the applicable matter shall similarly be decreased. For the sake of clarity, the purpose of this Section 6.1 is to limit the maximum voting rights of the Series B1 Preferred Stock shares held by any individual Holder, to the lesser of (a) 9.99% of the Corporation’s Common Stock then outstanding; and (b) such number of voting shares of the Corporation, if any, that, when added together with the other voting securities of the Corporation beneficially owned (as calculated pursuant to Rule 13d-3 of the Exchange Act) by such Holder, totals 9.99% of the Corporation’s then outstanding Common Stock.
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Related to Restricted Class Voting

  • Quorum; Voting A majority of the members of any Committee of the Trustees shall constitute a quorum for the transaction of business, and any action of such a Committee may be taken at a meeting by a vote of a majority of the members present (a quorum being present).

  • Cash Dividends; Voting Rights Unless an Event of Default has occurred and the Administrative Agent has given notice to the Pledgors of the Administrative Agent’s intent to exercise its corresponding rights pursuant to Section 7 hereof, the Pledgors shall be permitted to receive all cash dividends, to the extent permitted in the Credit Agreement, in respect of the Pledged Stock and to exercise all voting and corporate rights with respect to the Pledged Stock; provided, however, that no vote shall be cast or corporate right exercised or other action taken which, in the Administrative Agent’s reasonable judgment, would impair the Collateral or which would be inconsistent with or result in any violation of any provision of the Credit Agreement, this Pledge Agreement or any other Credit Document.

  • Certain Voting Rights So long as any Series K Preferred Units remain outstanding, the Partnership shall not, without the affirmative vote of the holders of at least two-thirds of the Series K Preferred Units outstanding at the time (i) authorize or create, or increase the authorized or issued amount of, any class or series of Partnership Interests ranking prior to the Series K Preferred Units with respect to payment of distributions or rights upon liquidation, dissolution or winding-up or reclassify any Partnership Interests of the Partnership into any such Partnership Interest, or create, authorize or issue any obligations or security convertible into or evidencing the right to purchase any such Partnership Interests, (ii) authorize or create, or increase the authorized or issued amount of any Parity Preferred Units or reclassify any Partnership Interest of the Partnership into any such Partnership Interest or create, authorize or issue any obligations or security convertible into or evidencing the right to purchase any such Partnership Interests but only to the extent such Parity Preferred Units are issued to an affiliate of the Partnership, other than the General Partner to the extent the issuance of such interests was to allow the General Partner to issue corresponding preferred stock to persons who are not affiliates of the Partnership or (iii) either consolidate, merge into or with, or convey, transfer or lease its assets substantially as an entirety to, any corporation or other entity or amend, alter or repeal the provisions of the Partnership Agreement (including, without limitation, this Article 19), whether by merger, consolidation or otherwise, in each case in a manner that would materially and adversely affect the powers, special rights, preferences, privileges or voting power of the Series K Preferred Units or the holders thereof; provided, however, that with respect to the occurrence of any event set forth in (iii) above, so long as (a) the Partnership is the surviving entity and the Series K Preferred Units remain outstanding with the terms thereof unchanged, or (b) the resulting, surviving or transferee entity (I) is a partnership, limited liability company or other pass-through entity organized under the laws of any state, (II) is not taxable as a corporation for U.S. federal income tax purposes and (III) substitutes the Series K Preferred Units for other interests in such entity having substantially the same terms and rights as the Series K Preferred Units, including with respect to distributions, voting rights and rights upon liquidation, dissolution or winding-up, then the occurrence of any such event shall not be deemed to materially and adversely affect such rights, privileges or voting powers of the holders of the Series K Preferred Units; and provided further, that any increase in the amount of Partnership Interests or the creation or issuance of any other class or series of Partnership Interests represented by Junior Units or Parity Preferred Units are not issued to an affiliate of the Partnership, other than the General Partner to the extent the issuance of such interests was to allow the General Partner to issue corresponding preferred stock to persons who are not affiliates of the Partnership, shall not be deemed to materially and adversely affect such rights, preferences, privileges or voting powers.

  • Proxies; Class Actions (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

  • Interest Unpaid Class Accrued Certificate Interest Shortfalls Interest Class Interest Payable Pay-out Rate ----- -------- ------------------- ------- ------------ PO $ 0.00 $ 0.00 $ 0.00 %0.000000000 A1 $ 503,378.62 $ 0.00 $ 503,378.62 %7.749999933 A2 $ 42,980.21 $ 0.00 $ 42,980.21 %7.750000301 A3 $ 6,500.00 $ 0.00 $ 6,500.00 %8.000000000 A4 $ 0.00 $ 0.00 $ 0.00 %0.000000000 A5 $ 265,180.70 $ 0.00 $ 265,180.70 %7.749999890 A6 $ 92,967.71 $ 0.00 $ 92,967.71 %7.750000139 A7 $ 69,911.46 $ 0.00 $ 69,911.46 %7.750000185 A8 $ 41,656.25 $ 0.00 $ 41,656.25 %7.750000000 A9 $ 86,057.29 $ 0.00 $ 86,057.29 %7.749999850 A10 $ 13,110.42 $ 0.00 $ 13,110.42 %7.750001970 A11 $ 6,716.67 $ 0.00 $ 6,716.67 %7.750003846 A12 $ 17,211.46 $ 0.00 $ 17,211.46 %7.750000750 A13 $ 32,259.38 $ 0.00 $ 32,259.38 %7.750001201 A14 $ 71,041.67 $ 0.00 $ 71,041.67 %7.750000364 A15 $ 10,726.67 $ 0.00 $ 10,726.67 %8.000002486 A16 $ 46,180.00 $ 0.00 $ 46,180.00 %8.000000000 A17 $ 17,187.50 $ 0.00 $ 17,187.50 %8.250000000 A18 $ 58,125.00 $ 0.00 $ 58,125.00 %7.750000000 A19 $ 36,360.42 $ 0.00 $ 36,360.42 %7.750000710 A20 $ 14,180.00 $ 0.00 $ 14,180.00 %8.000000000 A21 $ 18,153.33 $ 0.00 $ 18,153.33 %7.999998531 A22 $ 944,588.42 $ 0.00 $ 944,588.42 %7.749999976 A23 $ 202,984.02 $ 0.00 $ 202,984.02 %7.749999936 A24 $ 22,378.13 $ 0.00 $ 22,378.13 %7.750001732 A25 $ 10,430.21 $ 0.00 $ 10,430.21 %7.750001238 S $ 96,366.40 $ 0.00 $ 96,366.40 %0.431451917 M $ 54,838.80 $ 0.00 $ 54,838.80 %7.749999655 B1 $ 25,312.20 $ 0.00 $ 25,312.20 %7.749999282 B2 $ 14,063.05 $ 0.00 $ 14,063.05 %7.749999061 B3 $ 11,249.15 $ 0.00 $ 11,249.15 %7.749999604 B4 $ 7,034.75 $ 0.00 $ 7,034.75 %7.749996890 B5 $ 7,031.17 $ 0.00 $ 7,031.17 %7.749994663 R $ 0.00 $ 0.00 $ 0.00 %0.000000000