Common use of Voting of Shares by Certain Holders Clause in Contracts

Voting of Shares by Certain Holders. Shares of the corporation held by the corporation in a fiduciary capacity may be voted and shall be counted in determining the total number of outstanding shares entitled to vote at any given time. However, shares of its own stock belonging to this corporation shall not be voted, directly or indirectly, at any meeting and shall not be counted in determining the total number of outstanding shares at any given time. Shares registered in the name of another corporation, domestic or foreign, may be voted by any officer, agent, proxy or other legal representative authorized to vote such shares under the law of incorporation of such corporation. The corporation may treat the president or other person holding the position of president of such other corporation as authorized to vote such shares, together with any other person indicated and any other holder of an office indicated by the corporate shareholder to the corporation as a person or an officer authorized to vote such shares. Such persons and officers indicated shall be registered by the corporation on the transfer books for shares and included in any voting list prepared in accordance with Section 2.6 of these by-laws. Shares registered in the name of a deceased person, a minor xxxx or a person under legal disability, may be voted by his or her administrator, executor, or court appointed guardian, either in person or by proxy, without a transfer of such shares into the name of such administrator, executor, or court appointed guardian. Shares registered in the name of a trustee may be voted by him or her, either in person or by proxy. Shares registered in the name of a receiver may be voted by such receiver, and shares held by or under the control of a receiver may be voted by such receiver, without the transfer thereof into his or her name if authority so to do is contained in an appropriate order of the court by which such receiver was appointed. A shareholder whose shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of the pledgee, and thereafter the pledgee shall be entitled to vote the shares so transferred.

Voting of Shares by Certain Holders. Shares of beneficial interest of the corporation held by Trust registered in the corporation in name of a fiduciary capacity corporation, partnership, trust or other entity, if entitled to be voted, may be voted and shall be counted in determining by the total number president, a vice president or other authorized officer or representative, a general partner or trustee thereof, as the case may be, or a proxy appointed by any of outstanding shares entitled the foregoing individuals, unless some other person who has been appointed to vote at any given timesuch shares pursuant to a bylaw or a resolution of the governing body of such corporation or other entity or agreement of the partners of a partnership presents a certified copy of such bylaw, resolution or agreement, in which case such person may vote such shares. However, Any director or other such person may vote shares of its own stock belonging to this corporation beneficial interest registered in his or her name in his or her respective capacity, either in person or by proxy. Shares of beneficial interest of the Trust directly or indirectly owned by it shall not be voted, directly or indirectly, voted at any meeting and shall not be counted in determining the total number of outstanding shares entitled to be voted at any given time, unless they are held by it in a fiduciary capacity, in which case they may be voted and shall be counted in determining the total number of outstanding shares at any given time. Shares The Board of Trustees may adopt by resolution a procedure by which a shareholder may certify in writing to the Trust that any shares of beneficial interest registered in the name of another corporationthe shareholder are held for the account of a specified person other than the shareholder. The resolution shall set forth the class of shareholders who may make the certification, domestic or foreign, the purpose for which the certification may be voted made, the form of certification and the information to be contained in it; if the certification is with respect to a record date or closing of the share transfer books, the time after the record date or closing of the share transfer books within which the certification must be received by any officer, agent, proxy or other legal representative authorized to vote such shares under the law of incorporation of such corporation. The corporation may treat the president or other person holding the position of president of such other corporation as authorized to vote such shares, together with any other person indicated Trust; and any other holder of an office indicated by the corporate shareholder provisions with respect to the corporation as a procedure which the Board of Trustees considers necessary or desirable. On receipt of such certification, the person or an officer authorized to vote such shares. Such persons and officers indicated specified in the certification shall be registered by regarded as, for the corporation on the transfer books for shares and included in any voting list prepared in accordance with Section 2.6 of these by-laws. Shares registered purposes set forth in the name certification, the shareholder of a deceased person, a minor xxxx or a person under legal disability, may be voted by his or her administrator, executor, or court appointed guardian, either in person or by proxy, without a transfer of such shares into the name of such administrator, executor, or court appointed guardian. Shares registered in the name of a trustee may be voted by him or her, either in person or by proxy. Shares registered in the name of a receiver may be voted by such receiver, and shares held by or under the control of a receiver may be voted by such receiver, without the transfer thereof into his or her name if authority so to do is contained in an appropriate order record of the court by which such receiver was appointed. A shareholder whose specified shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of beneficial interest in place of the pledgee, and thereafter shareholder who makes the pledgee shall be entitled to vote the shares so transferredcertification.

Voting of Shares by Certain Holders. Shares of the corporation held by the corporation in a fiduciary capacity may be voted and shall be counted in determining the total number of outstanding shares entitled to vote at any given time. However, shares of its own stock belonging to this corporation shall not be voted, directly or indirectly, at any meeting and shall not be counted in determining the total number of outstanding shares at any given time. Shares registered in the name of another corporation, domestic or foreign, may be voted by any officer, agent, proxy or other legal representative authorized to vote such shares under the law of incorporation of such corporation. The corporation may treat the president or other person holding the position of president of such other corporation as authorized to vote such shares, together with any other person indicated and any other holder of an office indicated by the corporate shareholder to the corporation as a person or an officer authorized to vote such shares. Such persons and officers indicated shall be registered by the corporation on the transfer books for shares and included in any voting list prepared in accordance with Section 2.6 of these by-laws. Shares Xxxxxx registered in the name of a deceased person, a minor xxxx or a person under legal disability, may be voted by his or her administrator, executor, executor or court appointed guardian, either in person or by proxy, proxy without a transfer of such shares into the name of such administrator, executor, executor or court appointed guardian. Shares Xxxxxx registered in the name of a trustee may be voted by him or her, either in person or by proxy. Shares Xxxxxx registered in the name of a receiver may be voted by such receiver, and shares held by or under the control of a receiver may be voted by such receiver, receiver without the transfer thereof into his or her name if authority so to do so is contained in an appropriate order of the court by which such receiver was appointed. A shareholder whose shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of the pledgee, and thereafter the pledgee shall be entitled to vote the shares so transferred. Any number of shareholders may create a voting trust for the purpose of conferring upon a trustee or trustees the right to vote or otherwise represent their shares, for a period not to exceed 10 years, by entering into a written voting trust agreement specifying the terms and conditions of the voting trust, and by transferring their shares to such trustee or trustees for the purpose of the agreement. Any such trust agreement shall not become effective until a counterpart of the agreement is deposited with the corporation at its registered office. The counterpart of the voting trust agreement so deposited with the corporation shall be subject to the same right of examination by a shareholder of the corporation, in person or by agent or attorney, as are the books and records of the corporation, and shall be subject to examination by any holder of a beneficial interest in the voting trust, either in person or by agent or attorney at any reasonable time for any proper purpose. Shares of its own stock belonging to this corporation shall not be voted, directly or indirectly, at any meeting and shall not be counted in determining the total number of outstanding shares at any given time, but shares of its own stock held by it in a fiduciary capacity may be voted and shall be counted in determining the total number of outstanding shares at any given time.

Voting of Shares by Certain Holders. Shares of the corporation held by the corporation in a fiduciary capacity may be voted and shall be counted in determining the total number of outstanding shares entitled to vote at any given time. However, shares of its own stock belonging to this corporation shall not be voted, directly or indirectly, at any meeting and shall not be counted in determining the total number of outstanding shares at any given time. Shares registered standing in the name of another corporation, domestic or foreign, may be voted by any officer, agent, such officer or proxy or other legal representative authorized to vote such shares under as the law of incorporation bylaws of such corporation. The corporation may treat prescribe, or, in the president or other person holding the position of president absence of such other provision, as the board of directors of such corporation as authorized to vote such shares, together with any other person indicated and any other holder of an office indicated may determine. Shares held by the corporate shareholder to the corporation as a person who is an administrator, executor, guardian or an officer authorized to vote such shares. Such persons and officers indicated shall be registered by the corporation on the transfer books for shares and included in any voting list prepared in accordance with Section 2.6 of these by-laws. Shares registered in the name of a deceased person, a minor xxxx or a person under legal disability, conservator may be voted by his or her administrator, executor, or court appointed guardiansuch person, either in person or by proxy, without the transfer of such shares into the name of such person. Shares standing in the name of a trustee may be voted by such trustee, either in person or by proxy, but no trustee shall be entitled to vote shares held by such trustee without a transfer of such shares into the name of such administrator, executor, or court appointed guardiantrustee. Shares registered in the name of a trustee may be voted by him or her, either in person or by proxy. Shares registered standing in the name of a receiver may be voted by such receiver, and shares held by or under the control of a receiver may be voted by such receiver, receiver without the transfer thereof into his or her the name of such receiver if authority so to do is contained in an appropriate order of the court by which such receiver was appointed. A shareholder whose shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of the pledgee, and thereafter the pledgee shall be entitled to vote the shares so transferred. On and after the date on which written notice of redemption of redeemable shares has been given to the holders thereof and a sum sufficient to redeem such shares has been deposited with a bank or trust company with irrevocable instruction and authority to pay the redemption price to the holders thereof upon surrender of certificates therefor, such shares shall not be entitled to vote on any matter and shall not be deemed to be outstanding shares. Shares of the Corporation are not entitled to be voted if they are owned, directly or indirectly, by a second corporation, and the Corporation owns, directly or indirectly, a majority of the shares entitled to vote for the election of directors of such second corporation, nor shall any such shares be counted in determining the total number of outstanding shares at any given time. At all meetings of shareholders, a shareholder may vote either in person or by proxy appointment form executed in writing by the shareholder or by the duly authorized attorney-in-fact of such shareholder. Such proxy appointment and any revocation thereof shall be filed with the Secretary of the Corporation. No proxy appointment shall be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy.