Voting by Trustee. In connection with each Holdings Meeting and Holdings Consent, the Trustee shall exercise, either in person or by proxy, in accordance with the written instructions received from a Beneficiary pursuant to Section 4.3, the Beneficiary Votes as to which such Beneficiary is entitled to direct the vote (or any lesser number thereof as may be set forth in the instructions) and in all events subject to the terms of this Agreement; provided, however, that such written instructions are received by the Trustee from the Beneficiary prior to the time and date fixed by the Trustee for receipt of such instruction in the notice given by the Trustee to the Beneficiary pursuant to Section 4.3.
Voting by Trustee. The Trustee shall have full power to vote for the election of Directors of the Corporation, on all matters that may require the vote of the Stockholders. If any question arises on which the Trustee desires the opinion of the Voting Trust Certificate Holders, a meeting may be called by the Trustee. At such meeting, the owners of majority in interest of the Voting Trust Certificates may indicate their preference to the Trustee.
Voting by Trustee. During the period of this Voting Trust, the Trustee shall possess the exclusive right, in his unrestricted discretion, to vote the shares and to exercise the rights set forth in Section II.H. of this Agreement. If more than one person is serving as the Trustee, all actions to be taken on any questions shall be determined by the vote or agreement of a majority of those serving as the Trustee.
Voting by Trustee. During the period of this Agreement, Trustee shall have the exclusive right to vote the Shares or give written consent, in person or by proxy, at all meetings of the shareholders of the Company, and in all proceedings in which the vote or written consent of shareholders of the Company may be required or authorized by law. On each matter presented to him for vote, the Trustee shall be required to vote the Shares in a manner so that the percentage of the Shares voted in favor of a particular matter and the percentage of the Shares voted against a particular matter by the Trustee equals the percentage of the total number of shares of stock (including Common Stock and Preferred Stock, if any) of the Company voted in favor of that particular matter and the percentage of the total number of shares of stock of the Company voted against that particular matter. The Trustee shall not vote the Shares in favor of the sale, mortgage, or pledge of all or substantially all of the assets of the Company or for any merger, consolidation, reorganization, or dissolution of the Company, except with the consent of the owners of two-thirds (2/3), or more in interest of the Voting Trust Certificates at a meeting of owners of not less than two-thirds (2/3) in interest of the Voting Trust Certificates.
Voting by Trustee. During the period of this Agreement, Trustee shall have the exclusive right to vote the Shares or give written consent, in person or by proxy, at all meetings of the shareholders of the Company, and in all proceedings in which the vote or written consent of shareholders of the Company may be required or authorized by law. On each matter presented to him for vote, the Trustee shall be required to vote the Shares in a manner so that the percentage of the Shares voted in favor of a particular matter and the percentage of the Shares voted against a particular matter by the Trustee equals the percentage of the total number of shares of stock (including Common Stock and Preferred Stock, if any) of the Company voted in favor of that particular matter and the percentage of the total number of shares of stock of the Company voted against that particular matter.
Voting by Trustee. During the period of this Voting Trust, the Trustee shall have the exclusive right to vote the VT Shares or give written consent, in person or by proxy, at all meetings of the shareholders of the Company, and in all proceedings in which the vote or written consent of shareholders may be required or authorized by law.
Voting by Trustee. During the period of this Voting Trust, the Trustee shall have the exclusive right to vote the shares or give written consent, in person or by proxy, at all meetings of the shareholders of the Company, and in all proceedings in which the vote or written consent of shareholders may be required or authorized by law.
Voting by Trustee. The Trustee shall vote the Deposited Shares at all meetings of the shareholders of the Corporation during the continuance of the trust constituted by this Agreement according to the direction or directions from time to time received by the Trustee from Consolidated Mercantile Corporation. Instructions to the Trustee shall be provided in the form of a single instrument in writing and shall be signed by Consolidated Mercantile Corporation.
Voting by Trustee. During the term of this Voting Trust, all shares of Common Stock or any other interest in the Corporation with voting rights held in the Voting Trust (such Common Stock or other interests shall be referred to as the "Voting Interests") shall confer upon the Trustee the full and complete right to vote on all applicable matters of the Corporation for which such Voting Interests are entitled to vote; however, the Trustee shall not vote the Voting Interests and shall only abstain from voting on all such matters. Furthermore, the Trustee shall not grant a proxy to anyone for such vote during the term of this Voting Trust. It is expressly understood and agreed that no voting right shall pass to any person or entity other than the Trustee by or under the Trust Certificates or by or under this Voting Trust, or by or under any other agreement, express or implied, until the termination of the Voting Trust with respect to any Trust Property as defined below in Section 4.
Voting by Trustee. In connection with each Wendy's Meeting and Wendy's Consent, the TRUSTEE shall exercise, either in person or by proxy, in accordance with the instructions received from the BENEFICIARY pursuant to Section 4.2, the Voting Rights as to which the BENEFICIARY is entitled to direct the vote.
