Common use of RESTRICTIONS ON THE TRUSTEE'S POWERS Clause in Contracts

RESTRICTIONS ON THE TRUSTEE'S POWERS. Notwithstanding anything contained in this Indenture: (a) the Trustee shall not vote the Shares with respect to the election of directors of the Corporation, the appointment of auditors of the Corporation, or the approval of the Corporation's financial statements except in accordance with an Ordinary Resolution adopted at an annual meeting of Unitholders; (b) the Trustee shall not, after the Date of Closing, vote the Shares to authorize: (i) any sale, lease or other disposition of, or any interest in, all or substantially all of the assets of the Corporation, except in conjunction with an internal reorganization of the direct or indirect assets of the Corporation as a result of which either the Corporation or the Trust has the same, or substantially similar, interest, whether direct or indirect, in the assets as the interest, whether direct or indirect, that it had prior to the reorganization; (ii) any statutory amalgamation of the Corporation with any other corporation, except in conjunction with an internal reorganization as referred to in paragraph (i) above; (iii) any statutory arrangement involving the Corporation except in conjunction with ain internal reorganization as referred to in paragraph (i) above; (iv) any amendment to the articles of the Corporation to increase or decrease the minimum or maximum number of directors; or (v) any material amendment to the articles of the Corporation to change the authorized share capital or amend the rights, privileges, restrictions and conditions attaching to any class of the Corporation 's Shares in a manner which may be prejudicial to the Trust; without the approval of the Unitholders by Special Resolution at a meeting of Unitholders called for that purpose.

RESTRICTIONS ON THE TRUSTEE'S POWERS. Notwithstanding anything contained in this Indenture: (a) the Trustee shall not vote vote, or cause to be voted, as the case may be, the Shares with respect to to: the election of directors of the Corporation, or the appointment of auditors of the Corporation; or, or the approval of the Corporation's financial statements of the Corporation (if required by applicable legislation); except in accordance with an Ordinary Resolution adopted at an annual meeting of Unitholders; (b) the Trustee shall not, after the Date of Closing, vote vote, or cause to be voted, as the case may be, the Shares to authorize: (i) any sale, lease or other disposition of, or any interest in, all or substantially all of the assets of the Corporation, except in conjunction with an internal reorganization of the direct or indirect assets of the Corporation as a result of which either the Corporation or the Trust has the same, or substantially similar, interest, whether direct or indirect, in the assets as the interest, whether direct or indirect, that it had prior to the reorganization; (ii) any statutory amalgamation of the Corporation with any other corporationcorporation or any amalgamation, merger or other transaction, as the case may be, of the Corporation with any other entity, except in conjunction with an internal reorganization as referred to in paragraph (i) above; (iii) any statutory arrangement involving the Corporation Corporation, except in conjunction with ain an internal reorganization as referred to in paragraph (i) above; (iv) any amendment to the articles of the Corporation to increase or decrease the minimum or maximum number of directors; or (v) any material amendment to the articles of the Corporation to change the authorized share capital or amend the rights, privileges, restrictions and conditions attaching to any class of the Corporation Corporation's Shares in a manner which may be prejudicial to the TrustTrust other than the creation of additional classes of Exchangeable Shares; without the approval of the Unitholders by Special Resolution at a meeting of Unitholders called for that purpose.