Validity of Proxies. A proxy purporting to be executed by or on behalf of a Limited Partner will be considered to be valid unless challenged at the time of or prior to its exercise. The Person challenging the proxy will have the burden of proving to the satisfaction of the chairperson of the meeting that the proxy is invalid and any decision of the chairperson concerning the validity of a proxy will be final. Proxies will be valid only at the meeting with respect to which they were solicited, or any adjournment of the meeting, but in any event will cease to be valid one year from their date. A proxy given on behalf of joint holders must be executed by all of them and may be revoked by any of them, and if more than one of several joint holders is present at a meeting and they do not agree which of them is to exercise any vote to which they are jointly entitled, they will, for the purposes of voting, be deemed not to be present. A proxy holder need not be a holder of a Unit.
Validity of Proxies. An instrument appointing a proxy purporting to be executed by or on behalf of a Unitholder shall be valid unless challenged at the time of, or prior to, its exercise and the person challenging such instrument shall have the burden of proving to the satisfaction of the chair of the meeting of Unitholders at which such instrument is proposed to be used that such instrument is invalid. Any decision of the chair of the meeting in respect of the validity of such instrument shall be final. Proxies shall be valid only at the meeting with respect to which they were solicited, or any adjournment thereof, but in any event shall cease to be valid one year from their date.
Validity of Proxies. A proxy purporting to be executed by or on behalf of a Limited Partner will be considered to be valid unless challenged at the time of or prior to its exercise. The Person challenging the proxy will have the burden of proving to the satisfaction of the chairperson of the meeting that the proxy is invalid and any decision of the chairperson concerning the validity of a proxy will be final.
Validity of Proxies. A vote given in accordance with the terms of an instrument of proxy shall be valid notwithstanding the previous death or mental incapability or incompetence of the principal or revocation of the proxy or of the authority under which the proxy was executed or the transfer of Units in respect of which the proxy is given, provided that no intimation in writing or by electronic means of such death, mental incapability or incompetency, revocation or transfer shall have been received by the Manager before the commencement of the meeting or adjourned meeting at which the proxy is used.
Validity of Proxies. An instrument appointing a proxy purporting to be executed by or on behalf of a Partner shall be valid unless challenged at the time of or prior to its exercise and the Person challenging such instrument shall have the burden of proving to the satisfaction of the chairman of the meeting of Partners at which such instrument is proposed to be used that such instrument is invalid and any decision of the chairman of the meeting in respect of the validity of such instrument shall be final.
Validity of Proxies. No proxy will be voted after [ * ] after its ------------------- date, unless such proxy expressly provides for a longer period. Except to the extent otherwise required by the Act, Members will vote as a single class.
Validity of Proxies. 38 8.8 FORM OF PROXY................................................... 38 8.9
Validity of Proxies. (a) A proxy document is invalid if it is not deposited or produced prior to a meeting in accordance with clause 9.4.
(b) If a proxy appointment is not properly executed or validated, or is incomplete or unclear, the following provisions apply. Nothing obliges the Board or ACON Health to do anything referred to in those provisions:
(i) If the name of the proxy is not included, the appointment of proxy is taken to be given in favour of the Chair of the meeting.
(ii) If the appointment has not been duly signed or validated, ACON Health may:
(A) return the appointment to the appointing Member;
(B) request that the Member sign or validate the appointment and return it to ACON Health within a period decided by the Board (which may be later than the time specified in the relevant notice of meeting for the receipt of proxy appointments).
(iii) If the appointment is otherwise incomplete or unclear, ACON Health may, by written or oral communication, clarify with a Member any instruction on the appointment and complete or amend the contents of any appointment to reflect any clarification in instruction received from the Member (which completion or amendment may occur later than the time specified in the relevant notice of meeting for the receipt of proxy appointments). For this purpose, the Member appoints ACON Health as its attorney.
Validity of Proxies. 38 11.8 Form of Proxy ........................................................................................................38 11.9
Validity of Proxies. A proxy purporting to be executed by or on behalf of a Limited Partner will be considered to be valid unless challenged at the time of or prior to its exercise, and the Person challenging will have the burden of proving to the satisfaction of the chairman of the meeting that the proxy is invalid and any decision of the chairman concerning the validity of a proxy will be final. A vote cast in accordance with the terms of an instrument of proxy shall be valid notwithstanding the previous death or insanity of the Limited Partner or revocation of the proxy or transfer of the Unit in respect of which the proxy was given, provided that no intimation in writing of such death, insanity, revocation or transfer shall have been received at the place of meeting prior to the time fixed for holding of the meeting.
