Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisions, all of the rights of a Holder with respect to the Holder Votes exercisable in respect of the Exchangeable Shares held by such Holder, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Votes, shall be deemed to be surrendered by the Holder to OSI, and such Holder Votes and the Voting Rights represented thereby shall cease immediately, upon the delivery by such Holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder of the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of OSI Common Stock, as specified in Article 5 hereof (unless in any case OSI or OSI ULC shall not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders), or upon the redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or upon the effective date of the liquidation, dissolution or winding-up of PTI Holdco or any other distribution of the assets of PTI Holdco among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or upon the purchase of Exchangeable Shares from the holder thereof by OSI pursuant to the exercise by OSI of the Retraction Call Right, the Redemption Call Right or the Liquidation Call Right.
Appears in 2 contracts
Samples: Combination Agreement (Oil States International Inc), Voting and Exchange Trust Agreement (Oil States International Inc)
Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisions, all of the rights of a Holder with respect to the Holder Votes exercisable in respect of the Exchangeable Shares held by such Holder, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Votes, shall will be deemed to be surrendered by the Holder to OSIMerilus USA, and such Holder Votes and the Voting Rights represented thereby shall will cease immediately, upon on the delivery by such Holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder of the Exchange Put Right or the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of OSI Merilus USA Common Stock, as specified in Article 5 hereof (unless in any case OSI or OSI ULC shall Merilus USA will not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders), or upon on the redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or upon on the effective date of the liquidation, dissolution or winding-up of PTI Holdco Merilus Canada or any other distribution of the assets of PTI Holdco Merilus Canada among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or upon on the purchase of Exchangeable Shares from the holder thereof by OSI Merilus USA pursuant to the exercise by OSI Merilus USA of the Retraction Call Right, the Redemption Call Right or the Liquidation Call Right.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Golden Soil Inc), Agreement and Plan of Reorganization (Golden Soil Inc)
Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisions, all of the rights of a Holder Beneficiary with respect to the Holder Beneficiary Votes exercisable in respect of the Exchangeable Shares held by such HolderBeneficiary, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Beneficiary Votes, shall be deemed to be surrendered by the Holder Beneficiary to OSIUS Gold or Alberta ULC, as the case may be, and such Holder Beneficiary Votes and the Voting Rights represented thereby shall cease immediately, immediately upon the delivery by such Holder holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder Beneficiary of the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of OSI US Gold Common Stock, as specified in Article 5 hereof (unless in any case OSI or OSI ULC shall not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders)hereof, or upon the retraction or redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or upon the effective date of the liquidation, dissolution or winding-up of PTI Holdco Canadian Exchange Co. or any other distribution of the assets of PTI Holdco Canadian Exchange Co. among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or upon the purchase of Exchangeable Shares from the holder thereof by OSI US Gold or Alberta ULC pursuant to the exercise by OSI US Gold or Alberta ULC of the Retraction Call Right, the Redemption Call Right or the Liquidation Call RightRight (unless US Gold shall not have delivered the requisite US Gold Common Stock and cheque, if any, delivered in exchange therefor to the Trustee pending delivery to the Beneficiaries).
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (U S Gold Corp)
Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisions, all of the rights of a Holder with respect to the Holder Votes exercisable in respect of the Exchangeable Shares held by such Holder, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Votes, shall be deemed to be surrendered by the Holder to OSIJaws US, and such Holder Votes and the Voting Rights represented thereby shall cease immediately, upon the delivery by such Holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder of the Exchange Put Right or the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of OSI Jaws US Common Stock, as specified in Article 5 hereof (unless in any case OSI or OSI ULC Jaws US shall not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders), or upon the redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or upon the effective date of the liquidation, dissolution or winding-up of PTI Holdco Jaws Canada or any other distribution of the assets of PTI Holdco Jaws Canada among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or upon the purchase of Exchangeable Shares from the holder thereof by OSI Jaws US pursuant to the exercise by OSI Jaws US of the Retraction Call Right, the Redemption Call Right or the Liquidation Call Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Jaws Technologies Inc /Ny)
Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisionsherein, all of the rights of a Holder and the Trustee with respect to the Holder Votes exercisable in respect on the basis of the number of Exchangeable Shares held by such Holder, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Votes, shall be deemed to be surrendered by the Holder to OSIParentCo, the Trustee's right to exercise the Holder Votes in respect of such Holder shall terminate automatically and such Holder Votes and the Voting Rights represented thereby shall cease immediately, upon the delivery by such Holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder of the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of OSI ParentCo Common StockShares, as specified described in Article 5 7 hereof (unless in any either case OSI or OSI ULC ParentCo shall not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders), or upon the redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or upon the effective date of the liquidation, dissolution or winding-up of PTI Holdco the Corporation or any other distribution of the assets of PTI Holdco the Corporation among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or upon the purchase of Exchangeable Shares from the holder thereof by OSI ParentCo pursuant to the exercise by OSI ParentCo of the Retraction Call Right, the Redemption Call Right or the Liquidation Call Right.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Conexant Systems Inc)