Common use of Shareholder Proposals Clause in Contracts

Shareholder Proposals. For any Shareholder proposal to be presented in connection with an annual meeting of Shareholders of the Company, as permitted by this Agreement or required by applicable law, including any proposal relating to the nomination of a person to be elected to the Board of Directors of the Company, the Shareholders must have given timely notice thereof in writing to the Secretary of the Company. To be timely, a Shareholder's notice shall be delivered to the Secretary at the principal business offices of the Company not less than 60 days nor more than 90 days prior to the first anniversary of the preceding year's annual meeting; provided, however, that in the event that the date of the annual meeting is advanced by more than 30 days or delayed by more than 60 days from such anniversary date, notice by the Shareholder to be timely must be so delivered not earlier than the 90th day prior to such annual meeting and not later than the close of business on the later of the 60th day prior to such annual meeting or the tenth day following the day on which public announcement of the date of such meeting is first made. Such Shareholder's notice shall set forth (a) as to each person whom the Shareholder proposes to nominate for election or reelection as a Director, all information relating to such person that is required to be disclosed in solicitations of proxies for election of Directors, or is otherwise required, in each case pursuant to Regulation 14A under the Securities Exchange Act of 1934, as amended (including such person's written consent to being named in the proxy statement as a nominee and to serving as a Director if elected); (b) as to any other business that the Shareholder proposes to bring before the meeting, a brief description of the business desired to be brought before the meeting, the reasons for conducting such business at the meeting and any material interest in such business of such Shareholder and of the beneficial owner, if any, on whose behalf the proposal is made; and (c) as to the Shareholder giving the notice and the beneficial owner, if any, on whose behalf the nomination or proposal is made, (i) the name and address of such Shareholder, as they may appear on the Company's books, and of such beneficial owner and (ii) the class and number of Shares of the Company which are owned beneficially and of record by such Shareholder and such beneficial owner.

Shareholder Proposals. For any Any Shareholder proposal who is entitled to be presented vote in connection with an annual meeting the election of Shareholders trustees and who meets the requirements of the Company, as permitted by this Agreement or required by applicable law, including any proposal relating to the nomination of a person to be elected to the Board of Directors of the Company, the Shareholders must have given timely notice thereof in writing to the Secretary of the Company. To be timely, a Shareholder's notice shall be delivered to the Secretary at the principal business offices of the Company not less than 60 days nor more than 90 days prior to the first anniversary of the preceding year's annual meeting; provided, however, that in the event that the date of the annual meeting is advanced by more than 30 days or delayed by more than 60 days from such anniversary date, notice by the Shareholder to be timely must be so delivered not earlier than the 90th day prior to such annual meeting and not later than the close of business on the later of the 60th day prior to such annual meeting or the tenth day following the day on which public announcement of the date of such meeting is first made. Such Shareholder's notice shall set forth (a) as to each person whom the Shareholder proposes to nominate for election or reelection as a Director, all information relating to such person that is required to be disclosed in solicitations of proxies for election of Directors, or is otherwise required, in each case pursuant to Regulation 14A proxy rules under the Securities Exchange Act of 1934, as amended amended, may submit to the Board of Trustees proposals to be considered for submission to the Shareholders of the Trust for their vote. The introduction of any Shareholder proposal that the Board of Trustees decides should be voted on by the Shareholders of the Trust, shall be made by notice in writing delivered or mailed by first class United States mail, postage prepaid, to the Secretary of the Trust, and received by the Secretary no later than the close of business on the seventh day following the date on which notice of a meeting is first given to Shareholders. Each such notice shall set forth: (including such person's written consent a) the proposal to being named in the proxy statement as a nominee and to serving as a Director if elected)be introduced; (b) as to any other business that the Shareholder proposes to bring before the meeting, a brief description of the business desired to be brought before the meeting, the reasons for conducting such business at the meeting and any material interest in such business of such Shareholder and of the beneficial owner, if any, on whose behalf the proposal is made; and (c) as to the Shareholder giving the notice and the beneficial owner, if any, on whose behalf the nomination or proposal is made, (i) the name and address of the Shareholder who intends to make the proposal; (c) a representation that the Shareholder is a holder of record or beneficial owner of Shares of the Trust entitled to vote at such Shareholdermeeting (together with such proof thereof as would meet the requirements for proposals that are to be included in the Trust’s proxy statements pursuant to Rule 14a-8 under the Securities Exchange Act of 1934, as they may amended, or any successor to such Rule) and intends to appear on in person or by proxy at the Company's booksmeeting to introduce the proposal or proposals, and of such beneficial owner specified in the notice; and (iid) the class and number of Shares held of the Company which are record, owned beneficially and of record represented by proxy by such Shareholder as of the record date for the meeting (if such date shall then have been made publicly available) and as of the date of such beneficial ownernotice. The Chairman of the Meeting may refuse to acknowledge the introduction of any Shareholder proposal not made in compliance with the foregoing procedure.

Shareholder Proposals. For any Shareholder shareholder proposal to be presented in connection with an annual meeting of Shareholders shareholders of the Company, as permitted by this Agreement or required by applicable law, including any proposal relating to the nomination of a person trustee to be elected to the Board of Directors Trustees of the Company, the Shareholders shareholders must have given timely notice thereof in writing to the Secretary of the Company. To be timely, a Shareholdershareholder's notice proposal shall be delivered to the Secretary at the principal business executive offices of the Company not less than 60 120 days nor more than 90 days prior in advance of the release date of the Company's proxy statement to the first anniversary of shareholders in connection with the preceding year's annual meeting; provided, however, that in the event that the date of the annual meeting is advanced by more than 30 days or delayed by more than 60 days from such anniversary date, notice by the Shareholder shareholder to be timely must be so delivered not earlier than the 90th day prior to such annual meeting and not later than the close of business on the later of the 60th day prior to such annual meeting or the tenth day following the day on which public announcement of the date of such meeting is first made. Such Shareholder's shareholders' notice shall set forth (a) as to each person whom the Shareholder shareholder proposes to nominate for election or reelection re-election as a Director, trustee all information relating to such person that is required to be disclosed in solicitations of proxies for election of Directorstrustees, or is otherwise required, in each case case, pursuant to Regulation 14A under the Securities Exchange Act of 1934, as amended (the "Exchange Act") (including such person's written consent to being named in the proxy statement as a nominee and to serving as a Director trustee if elected); (b) as to any other business that the Shareholder shareholder proposes to bring before the meeting, a brief description of the business desired to be brought before the meeting, the reasons for conducting such business at the meeting and any material interest in such business of such Shareholder shareholder and of the beneficial owner, if any, on whose behalf the proposal is made; and (c) as to the Shareholder shareholder giving the notice and the beneficial owner, if any, on whose behalf the nomination or proposal is made, (i) the name and address of such Shareholdershareholder, as they may appear on the Company's books, and of such beneficial owner and (ii) the class and number of Shares shares of beneficial interest of the Company which are owned beneficially and of record by such Shareholder shareholders and such beneficial owner. For the 1995 annual meeting the previous year's meeting shall be deemed to have taken place on May 12, 1994; provided that this sentence shall cease to be a part of these By-Laws after the holding of the 1995 annual meeting and any adjournments thereof.

Shareholder Proposals. For any Shareholder proposal Any shareholder holding shares entitled to be presented vote in connection the election of directors with an annual aggregate value of at least $2,000 may present a proposal at a meeting of Shareholders the shareholder of the Company, as permitted by this Agreement or required by applicable law, including any proposal relating Corporation if the shareholder gives written notice to the nomination of a person to be elected to corporate secretary and the Board of Directors of the Company, the Shareholders must have given timely notice thereof in writing to the Secretary of the Company. To be timely, a Shareholder's notice shall be delivered to the Secretary at the principal business offices of the Company is received not less than 60 days nor more than 90 days prior to the first anniversary dater of the preceding year's annual shareholder meeting; provided, however, except that in if the event that Corporation gives less than 75 days’ notice of the meeting date or if public disclosure of the date of the annual meeting is advanced by more made less than 30 75 days or delayed by more than 60 days from such anniversary datebefore the meeting, the notice by the Shareholder to be timely must be so delivered not earlier than the 90th day prior to such annual meeting and received not later than the close of business on the later of the 60th day prior to such annual meeting or the tenth 10th day following the day on which public announcement notice of the date of such the meeting is was mailed or public disclosure was made, whichever first madeoccurs. Such Shareholder's Each notice shall must set forth (a) as to each person whom matter the Shareholder proposes to nominate for election or reelection as a Director, all information relating to such person that is required to be disclosed in solicitations of proxies for election of Directors, or is otherwise required, in each case pursuant to Regulation 14A under the Securities Exchange Act of 1934, as amended (including such person's written consent to being named in the proxy statement as a nominee and to serving as a Director if elected); (b) as to any other business that the Shareholder shareholder proposes to bring before the meeting, : (i) a brief description of the each proposed item of business desired to be brought before the meeting, and the reasons for conducting such that business at the meeting and annual meeting; (ii) any material interest in such that business of such that shareholder or any Shareholder and of the beneficial ownerAssociated Person, if any, on whose behalf the proposal is made; and (c) as including any anticipated benefit to the shareholder or any Shareholder giving the notice and the beneficial owner, if any, on whose behalf the nomination or proposal is made, Associated Person; (iiii) the name and record address of such Shareholder, as they may appear on the Company's books, and shareholder proposing to bring that item of such beneficial owner and business before the meeting; (iiiv) the class and number of Shares shares of the Company which are stock held of record, owned beneficially and represented by proxy by that shareholder or any Shareholder Associated Person as of the record date for the meeting and as of the date of the notice; (v) whether and the extent to which any derivative instrument, hedging or other transaction or transactions has been entered into by such or on behalf of, or any other agreement or understanding has been made to increase or decrease economic interest in the corporation’s stock or manage the risk or benefit of share price changes for, or to increase or decrease the voting power of, that shareholder or any Shareholder Associated Persons with respect to the corporation’s stock; (vi) a description of all contracts, arrangements, understandings or relationships between that shareholder and such beneficial ownerany Shareholder Associated Persons or between that shareholder or any Shareholder Associated Persons and any other person or persons that relate to the proposal of that business by that shareholder; and (vii) all other information which would be required to be included in a proxy statement.