Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to Trustee, and Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by Trustee to be genuine.
Appears in 6 contracts
Samples: Trust Agreement, Voting and Exchange Trust Agreement (Future Energy Corp.), Voting Agreement (Future Energy Corp.)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent the Corporation and/or ExchangeCo ParentCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 5 contracts
Samples: Exchange Trust Agreement, Voting and Exchange Trust Agreement (Dialog Group Inc), Voting and Exchange Trust Agreement (Dialog Group Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent RG and/or ExchangeCo Canco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 4 contracts
Samples: Voting and Exchange Trust Agreement (Royal Gold Inc), Arrangement Agreement (Royal Gold Inc), Arrangement Agreement (International Royalty Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Trilogy Parent and/or ExchangeCo Trilogy Subsidiary or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 3 contracts
Samples: Voting Trust Agreement (Horwitz Bradley J), Voting Trust Agreement (Trilogy International Partners Inc.), Voting Trust Agreement (SG Enterprises, II LLC)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent RVI Sub and/or ExchangeCo RVI or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 3 contracts
Samples: Voting and Exchange Trust Agreement (API Nanotronics Corp.), Voting and Exchange Trust Agreement (Rubincon Ventures Inc), Voting and Exchange Trust Agreement (Rubincon Ventures Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Duke Energy and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 3 contracts
Samples: Duke Energy Voting and Exchange Trust Agreement (Duke Energy CORP), Combination Agreement (Duke Energy Corp), Combination Agreement (Duke Energy Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Holdings and/or ExchangeCo the Partnership or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 3 contracts
Samples: Voting Trust Agreement (Restaurant Brands International Limited Partnership), Voting Trust Agreement (New Red Canada Partnership), Voting Agreement (Burger King Worldwide, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Lululemon and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 3 contracts
Samples: Exchange Trust Agreement (Lululemon Athletica Inc.), Exchange Trust Agreement (Lululemon Athletica Inc.), Exchange Trust Agreement (Lululemon Corp.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent USCo, CallCo and/or ExchangeCo AcquisitionCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 3 contracts
Samples: Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (Quinko-Tek International, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent the Company and/or ExchangeCo EMS LP or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Emergency Medical Services CORP), Voting and Exchange Trust Agreement (STAT Healthcare, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent RTO Acquiror and/or ExchangeCo Canco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Meta Materials Inc.), Arrangement Agreement (Torchlight Energy Resources Inc)
Trustee Not Bound to Act on Request. Except as otherwise specifically provided in this Agreement otherwise specifically providedAgreement, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Exchange and Voting Trust Agreement (Worldpages Com Inc), Exchange and Voting Trust Agreement (Worldpages Com Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent US Co Sub and/or ExchangeCo US Co or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Combination Agreement (Pioneer Natural Resources Co), Voting and Exchange Trust Agreement (Pioneer Natural Resources Co)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Acquiror and/or ExchangeCo the Corporation or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Surge Global Energy, Inc.), Voting and Exchange Trust Agreement (Surge Global Energy, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent WSI and/or ExchangeCo CERI or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Capital Environmental Resource Inc), Voting and Exchange Trust Agreement (Waste Services, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent TMW, Canco and/or ExchangeCo MG or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting Trust Agreement (Mens Wearhouse Inc), Combination Agreement (Mens Wearhouse Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo Canadian Sub or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Stifel Financial Corp), Voting and Exchange Trust Agreement (Thomas Weisel Partners Group, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Bionik US and/or ExchangeCo the Corporation or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement, Voting and Exchange Trust Agreement (Bionik Laboratories Corp.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Form of Voting and Exchange Trust Agreement (Counterpath Solutions, Inc.), Arrangement Agreement (Counterpath Solutions, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement trust agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Shire and/or ExchangeCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Shire PLC), Merger Agreement (Shire Pharmaceuticals Group PLC)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Coors and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Combination Agreement (Coors Adolph Co), Combination Agreement (Coors Adolph Co)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Marathon, CallCo and/or ExchangeCo AcquisitionCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and reasonably believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Marathon Oil Corp), Voting and Exchange Trust Agreement (Marathon Oil Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement trust agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Newco and/or ExchangeCo CN or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Rights Agreement (Burlington Northern Santa Fe Corp), Combination Agreement (Burlington Northern Santa Fe Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Fenix and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 2 contracts
Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Enerplus and/or ExchangeCo EELP or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Enerplus Resources Fund)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Acquxxxxxxx Xxx, XXX, XXX0 xxx/or Parent and/or ExchangeCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Broadcom Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo or Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Solectron Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Goldstrike and/or ExchangeCo the Corporation or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting Exchange and Support Agreement (Goldstrike Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Dreco and/or ExchangeCo NOI or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent United Royale and/or ExchangeCo Canco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and shall be protected in so acting upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (United Royale Holdings Corp.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent the Company, CallCo and/or ExchangeCo ParentCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Coeur and/or ExchangeCo Acquisitionco or of the respective directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Enerplus and/or ExchangeCo FLP or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Enerplus Resources Fund)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent FCE and/or ExchangeCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Acquirer and/or ExchangeCo Canco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Canwest Petroleum Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo Purchaser or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Pure and/or ExchangeCo Pure Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except Except, as in this Agreement voting trust agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo CLC or of the directors thereof until a duly 184 authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Share Purchase Agreement (Computer Learning Centers Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement trust agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Holdings and/or ExchangeCo THC or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent ExchangeCo and/or ExchangeCo JAG or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Jag Media Holdings Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Newmont and/or ExchangeCo Acquisitionco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as otherwise specifically provided in this Agreement otherwise specifically providedAgreement, the Trustee shall not be bound to act in accordance with any direction or request of Parent Redback and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except Except, as in this Agreement voting trust agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo CLC or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Share Purchase Agreement (Computer Learning Centers Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement trust agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent InfoSpace and/or ExchangeCo Locus Holdings or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Infospace Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Lululemon and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.. 4.14
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent and/or ExchangeCo or Company or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as is otherwise specifically provided in this Agreement otherwise specifically providedagreement, the Trustee shall not be bound to act in accordance with any direction or request of Parent Services and/or ExchangeCo or Weatxxxxxxx xx of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Combination Agreement (Weatherford International Inc /New/)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Acquisition Sub and/or Parent and/or ExchangeCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Cubist Pharmaceuticals Inc)
Trustee Not Bound to Act on Request. Except as otherwise specifically provided in this Agreement otherwise specifically providedAgreement, the Trustee shall not be bound to act in accordance with any direction or request of the Company, Parent and/or ExchangeCo or Subco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Pri Automation Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent StarPoint Energy Trust, ExchangeCo and/or ExchangeCo AmalgamationCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Canetic Resources Trust)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent ARC, ARC Subco and/or ExchangeCo ARC Resources or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Arc Energy Trust)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent USCo, CalICo and/or ExchangeCo AcquisitionCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Foodfest International 2000 Inc.)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Advantage Trust, ExchangeCo and/or ExchangeCo AOG or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Advantage Energy Income Fund)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent the Trust and/or ExchangeCo AcquisitionCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Enterra Energy Trust)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Abgenix and/or ExchangeCo the Company or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Trust Agreement (Abgenix Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Polar and/or ExchangeCo New Polar or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to Trustee, the Trustee and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Weyerhaeuser and/or ExchangeCo Weysub or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Weyerhaeuser Co)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Westcor and/or ExchangeCo Pubco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting Trust and Exchange Agreement (E Financial Depot Com)
Trustee Not Bound to Act on Request. Except as otherwise specifically provided in this Agreement otherwise specifically providedtrust agreement, the Trustee shall will not be bound to act in accordance with any direction or request of Parent Rational and/or ExchangeCo Acquisition Sub or of the directors thereof of those companies until a duly authenticated copy of the instrument or resolution containing such that direction or request shall have has been delivered to Trusteethe Trustee and the Trustee has received such reasonable security or indemnity as it may request in accordance with the requested action, and the Trustee shall will be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Agreement (Rational Software Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Merge and/or ExchangeCo Matsub or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement Memorandum of Agreement (Merge Technologies Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent SIL and/or ExchangeCo Shannon or of the directors thereof until a duly authenticated copy authentixxxxx xopy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Memorandum of Agreement (Shannon International Resources Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement trust agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent JDS Uniphase and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (JDS Uniphase Corp /Ca/)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent ParentCo and/or ExchangeCo LuxCo or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Mymetics Corp)
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent AMVESCAP and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Amvescap PLC/London/)
Trustee Not Bound to Act on Request. Except as otherwise specifically provided in this Agreement otherwise specifically providedAgreement, the Trustee shall not be bound to act in accordance with any direction or request of the Company, Parent and/or ExchangeCo or Subco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.. 7.14
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Pri Automation Inc)
Trustee Not Bound to Act on Request. Except as in this Agreement agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Newmont and/or ExchangeCo New Exchangeco or of the respective directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Newmont Mining Corp /De/)
Trustee Not Bound to Act on Request. Except as otherwise specifically provided in this Agreement otherwise specifically providedagreement, the Trustee shall will not be bound to act in accordance with any direction or request of Parent Pixelworks and/or ExchangeCo the Corporation or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall will have been delivered to the Trustee, and the Trustee shall will be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Trustee Not Bound to Act on Request. Except as in this Agreement otherwise specifically provided, the Trustee shall not be bound to act in accordance with any direction or request of Parent Spectra Energy and/or ExchangeCo Exchangeco or of the directors thereof until a duly authenticated copy of the instrument or resolution containing such direction or request shall have been delivered to the Trustee, and the Trustee shall be empowered to act and rely upon any such copy purporting to be authenticated and believed by the Trustee to be genuine.
Appears in 1 contract
Samples: Spectra Energy Voting and Exchange Trust Agreement (Spectra Energy Corp.)
