Common use of Stockholders' Right to Call Meeting Clause in Contracts

Stockholders' Right to Call Meeting. If any meeting of the Holders required by this subparagraph (b) to be called shall not have been called within 10 days after personal service of a written request therefor upon the Clerk of the Corporation or within 15 days after mailing the same within the United States of America by registered mail addressed to the Clerk of the Corporation at its principal office, subject to any applicable notice requirements imposed by law or any national securities exchange on which any Convertible Preferred Stock is then listed, then the Holders of record of at least 25% of the then outstanding shares of the Convertible Preferred Stock may designate in writing a Holder of the Convertible Preferred Stock to call such meeting at the reasonable expense of the Corporation, and such meeting may be called by such Person so designated upon the notice required for annual meetings of stockholders or such shorter notice (but in no event shorter than permitted by law or any national securities exchange on which the Convertible Preferred Stock is then listed) as may be acceptable to the Majority Holders. Any Holder of Convertible Preferred Stock so designated shall have reasonable access to the stock books of the Corporation relating solely to the Convertible Preferred Stock for the purpose of causing such meeting to be called pursuant to these provisions.

Appears in 2 contracts

Samples: Stockholders' Agreement (Asc East Inc), Stockholders' Agreement (American Skiing Co /Me)

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Stockholders' Right to Call Meeting. If any meeting of the Holders holders of the Series A Preferred Stock required by this subparagraph (b) to be called shall has not have been called within 10 days after personal service of a written request therefor upon the Clerk Secretary of the Corporation corporation or within 15 days after mailing the same within the United States of America by registered mail addressed to the Clerk Secretary of the Corporation corporation at its principal office, subject to any applicable notice requirements imposed by law or any national securities exchange on which any Convertible Series A Preferred Stock is then listed, then the Holders holders of record of at least 25% of the then outstanding shares of the Convertible Series A Preferred Stock may designate in writing a Holder holder of a share of the Convertible Series A Preferred Stock to call such meeting at the reasonable expense of the Corporationcorporation, and such meeting may be called by such Person so designated upon the notice required for annual meetings of stockholders or such shorter notice (but in no event shorter than permitted by law or any national securities exchange on which the Convertible Series A Preferred Stock is then listed) as may be acceptable to the Majority Holdersholders of a majority of the total number of shares of the Series A Preferred Stock. Any Holder holder of Convertible a share of the Series A Preferred Stock so designated shall have reasonable access to the stock books of the Corporation corporation relating solely to the Convertible Series A Preferred Stock for the purpose of causing such meeting to be called pursuant to these provisions.

Appears in 2 contracts

Samples: Voting and Recapitalization Agreement (Meristar Hotels & Resorts Inc), Voting and Recapitalization Agreement (Oak Hill Capital Partners L P)

Stockholders' Right to Call Meeting. If any meeting of the Holders required by this subparagraph paragraph (b) to be called shall not have been called within 10 days after personal service of a written request therefor upon the Clerk Secretary of the Corporation or within 15 days after mailing the same within the United States of America by registered mail addressed to the Clerk Secretary of the Corporation at its principal office, subject to any applicable notice requirements imposed by law or any national securities exchange on which any Convertible Series C-1 Preferred Stock is then listed, then the Holders of record of at least 25% of the then outstanding shares of the Convertible Series C-1 Preferred Stock may designate in writing a Holder of the Convertible Series C-1 Preferred Stock to call such meeting at the reasonable expense of the Corporation, and such meeting may be called by such Person so designated upon the notice required for annual meetings of stockholders or such shorter notice (but in no event shorter than permitted by law or any national securities exchange on which the Convertible Series C-1 Preferred Stock is then listed) as may be acceptable to the Majority Holders. Any Holder of Convertible Series C-1 Preferred Stock so designated shall have reasonable access to the stock books of the Corporation relating solely to the Convertible Series C-1 Preferred Stock for the purpose of causing such meeting to be called pursuant to these provisions.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Skiing Co /Me)

Stockholders' Right to Call Meeting. If any meeting of the Holders required by this subparagraph paragraph (b) to be called shall not have been called within 10 days after personal service of a written request therefor upon the Clerk Secretary of the Corporation or within 15 days after mailing the same within the United States of America by registered mail addressed to the Clerk Secretary of the Corporation at its principal office, subject to any applicable notice requirements imposed by law or any national securities exchange on which any Convertible Series C-2 Preferred Stock is then listed, then the Holders of record of at least 25% of the then outstanding shares of the Convertible Series C-2 Preferred Stock may designate in writing a Holder of the Convertible Series C-2 Preferred Stock to call such meeting at the reasonable expense of the Corporation, and such meeting may be called by such Person so designated upon the notice required for annual meetings of stockholders or such shorter notice (but in no event shorter than permitted by law or any national securities exchange on which the Convertible Series C-2 Preferred Stock is then listed) as may be acceptable to the Majority Holders. Any Holder of Convertible Series C-2 Preferred Stock so designated shall have reasonable access to the stock books of the Corporation relating solely to the Convertible Series C-2 Preferred Stock for the purpose of causing such meeting to be called pursuant to these provisions.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Skiing Co /Me)

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Stockholders' Right to Call Meeting. If any meeting of the Holders required by this subparagraph paragraph (b) to be called shall not have been called within 10 days after personal service of a written request therefor upon the Clerk Secretary of the Corporation or within 15 days after mailing the same within the United States of America by registered mail addressed to the Clerk Secretary of the Corporation at its principal office, subject to any applicable notice requirements imposed by law or any national securities exchange on which any Convertible Series D Preferred Stock is then listed, then the Holders of record of at least 25% of the then outstanding shares of the Convertible Series D Preferred Stock may designate in writing a Holder of the Convertible Series D Preferred Stock to call such meeting at the reasonable expense of the Corporation, and such meeting may be called by such Person so designated upon the notice required for annual meetings of stockholders or such shorter notice (but in no event shorter than permitted by law or any national securities exchange on which the Convertible Series D Preferred Stock is then listed) as may be acceptable to the Majority Holders. Any Holder of Convertible Series D Preferred Stock so designated shall have reasonable access to the stock books of the Corporation relating solely to the Convertible Series D Preferred Stock for the purpose of causing such meeting to be called pursuant to these provisions.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Skiing Co /Me)

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