Vesting of Powers in Successor. Whenever the conditions of Section 10.1 have been duly observed and performed, Trustee and, if required by Section 10.1, Parent Successor and ExchangeCo shall execute and deliver the supplemental trust agreement provided for in Article 11 and thereupon Parent Successor shall possess and from time to time may exercise each and every right and power of Parent under this Agreement in the name of Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors of Parent or any officers of Parent may be done and performed with like force and effect by the directors or officers of such Parent Successor.
Appears in 6 contracts
Samples: Share Exchange Agreement, Voting and Exchange Trust Agreement (Future Energy Corp.), Certificate of Designation (Future Energy Corp.)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 have been duly observed and performed, the Trustee and, if required by Section 10.1, Parent Successor and ExchangeCo shall execute and deliver the supplemental trust agreement provided for in Article 11 and thereupon Parent Successor shall possess and from time to time may exercise each and every right and power of Parent under this Agreement in the name of Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors of Parent or any officers of Parent may be done and performed with like force and effect by the directors or officers of such Parent Successor.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Counterpath Solutions, Inc.), Arrangement Agreement (Counterpath Solutions, Inc.)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 section 11.1 have been duly observed and performed, Trustee the Agent and, if required by Section 10.1section 11.1, Parent Successor and ExchangeCo Exchangeco or Parent, as the case may be, shall execute and deliver the supplemental trust agreement Agreement provided for in Article 11 12 and thereupon Parent Successor shall possess and from time to time may exercise each and every right and power of Parent Exchangeco or Parent, as the case may be, under this Agreement in the name of Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors Voting And Exchange Agency Agreement of Parent or any officers of Parent may be done and performed with like force and effect by the directors or officers of such Parent Successor.
Appears in 1 contract
Samples: Voting and Exchange Agency Agreement (Wireless Age Communications Inc)