Common use of Rights in Respect of Loaned Shares Clause in Contracts

Rights in Respect of Loaned Shares. Except as otherwise provided in this Agreement, and except as otherwise agreed by Borrower and Lender, Borrower, insofar as it is the record owner of Loaned Shares, shall have all of the incidents of ownership in respect of any such Loaned Shares until such Loaned Shares are required to be delivered to Lender in accordance with the terms of this Agreement, including the right to transfer the Loaned Shares to others. Borrower agrees that it or any of its affiliates that are the record owner of any Loaned Shares will not vote or provide any consent or take any similar action with respect to such Loaned Shares on any matter submitted to a vote of Lender’s shareholders.

Appears in 3 contracts

Samples: Share Lending Agreement (Great Atlantic & Pacific Tea Co Inc), Share Lending Agreement (Great Atlantic & Pacific Tea Co Inc), Share Lending Agreement (Evergreen Solar Inc)

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Rights in Respect of Loaned Shares. Except as otherwise provided in Subject to the terms of this Agreement, and except as otherwise agreed by Borrower and Lender, Borrower, insofar as it is the record owner of Loaned Shares, shall have all of the incidents of ownership in respect of any such Loaned Shares until such Loaned Shares are required to be delivered to Lender in accordance with the terms of this Agreement, including the right to transfer the Loaned Shares to others. Borrower agrees that it or any of its affiliates that are the record owner of any Loaned Shares will not vote or provide any consent or take any similar action with respect to such Loaned Shares on any matter submitted to a vote of Lender’s shareholders.

Appears in 3 contracts

Samples: Share Lending Agreement (Sunpower Corp), Share Lending Agreement (Sunpower Corp), Share Lending Agreement (Sunpower Corp)

Rights in Respect of Loaned Shares. Except as otherwise provided in Subject to the terms of this Agreement, and except as otherwise agreed by Borrower and Lender, Borrower, insofar as it is the record owner of Loaned Shares, shall have all of the incidents of ownership in respect of any such Loaned Shares until such Loaned Shares are required to be delivered to Lender in accordance with the terms of this Agreement, Agreement including the right to transfer the Loaned Shares to others. Borrower agrees that it or any of its affiliates Affiliates that are the record owner of any Loaned Shares will not vote or provide any consent or take any similar action with respect to such Loaned Shares on any matter submitted to a vote of Lender’s shareholders.

Appears in 1 contract

Samples: Share Lending Agreement (Energy Conversion Devices Inc)

Rights in Respect of Loaned Shares. Except as otherwise provided in Subject to the terms of this Agreement, and except as otherwise agreed by Borrower and Lender, Borrower, insofar as it is the record owner of Loaned Shares, shall have all of the incidents of ownership in respect of any such Loaned Shares until such Loaned Shares are required to be delivered to Lender in accordance with the terms of this Agreement, including the right to transfer the Loaned Shares to others. Borrower agrees that it or any of its affiliates that are the record owner of any Loaned Shares will not vote or provide any consent or take any similar action with respect to such Loaned Shares on or any matter submitted to a vote of Lender’s shareholdersshareholders but shall instead grant a proxy to Lender to vote such Loaned Shares.

Appears in 1 contract

Samples: Share Lending Agreement (Compucredit Corp)

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Rights in Respect of Loaned Shares. Except as otherwise provided in Subject to the terms of this Agreement, and except as otherwise agreed by Borrower and Lender, Borrower, insofar as it is the record owner of Loaned Shares, shall have all of the incidents of ownership in respect of any such Loaned Shares until such Loaned Shares are required to be delivered to Lender in accordance with the terms of this Agreement, including the right to transfer the Loaned Shares to others. Borrower agrees that it or any of its affiliates that are the record owner or holder of security entitlement to any Loaned Shares will not vote or provide any consent or take any similar action with respect to such Loaned Shares on any matter submitted to a vote of Lender’s shareholders.

Appears in 1 contract

Samples: Share Lending Agreement (GMX Resources Inc)

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