Common use of Voting Rights of Preferred Securityholders Clause in Contracts

Voting Rights of Preferred Securityholders. (a) Except as shall be otherwise expressly provided herein, in the By-laws or as otherwise required by the LLC Act or other applicable law, the Preferred Securityholders shall have no right or power to vote on any question or matter or in any proceeding or to be represented at, or to receive notice of, any meeting of Securityholders. (b) Notwithstanding that Securityholders holding Preferred Securities may become entitled to vote or consent under any of the circumstances described in this Agreement or in the By-laws, any of the Preferred Securities that are beneficially owned by the Bank, or any of its Subsidiaries or Affiliates (other than the Trust), either directly or indirectly, shall not, in such case, be entitled to vote or consent and shall, for the purposes of such vote or consent, be treated as if such Preferred Securities were not outstanding, except for Preferred Securities purchased or acquired by the Bank or its Subsidiaries or Affiliates in connection with transactions effected by or for the account of customers of the Bank or any of its Subsidiaries or Affiliates or in connection with the distribution or trading of or market-making in connection with such Preferred Securities; provided, however, that Persons (other than Subsidiaries or Affiliates of the Bank) to whom the Bank or any of its Subsidiaries or Affiliates have pledged Preferred Securities may vote or consent with respect to such pledged Preferred Securities pursuant to the terms of such pledge.

Voting Rights of Preferred Securityholders. (a) Except as shall be otherwise expressly provided herein, in the By-laws Laws or as otherwise required by the LLC Act or other applicable lawDelaware Act, the Preferred Securityholders shall have no right or power to vote on any question or matter or in any proceeding or to be represented at, or to receive notice of, any meeting of Securityholders. (b) Notwithstanding that Securityholders holding Preferred Securities may become are entitled to vote or consent under any of the circumstances described in this Agreement or in the By-lawsLaws, any of the Preferred Securities that are beneficially owned by the Bank, Guarantor or any Affiliate of its Subsidiaries or Affiliates (other than the Trust)Guarantor, either directly or indirectly, shall not, in such case, not be entitled to vote or consent and shall, for the purposes of such vote or consent, be treated as if such Preferred Securities they were not outstanding, except for Preferred Securities purchased or acquired by the Bank Guarantor or its Subsidiaries or Affiliates in connection with transactions effected by or for the account of customers of the Bank Guarantor or any of its Subsidiaries or Affiliates or in connection with the distribution or trading of or market-making in connection with such Preferred Securities; provided, however, that Persons (other than Subsidiaries or Affiliates of the BankGuarantor) to whom the Bank Guarantor or any of its Subsidiaries or Affiliates have pledged Preferred Securities may vote or consent with respect to such pledged Preferred Securities pursuant to the terms of such pledge.

Voting Rights of Preferred Securityholders. (a) Except as shall be otherwise expressly provided in Section 7.3(e) or otherwise herein, in the By-laws Laws or in any Certificate of Designations adopted by the Board of Directors or as otherwise required by the LLC Act or other applicable lawDelaware Act, the Preferred Securityholders shall have no right or power to vote on any question or matter or in any proceeding or to be represented at, or to receive notice of, any meeting of Securityholders. (b) Notwithstanding that Preferred Securityholders holding Company Preferred Securities may become are entitled to vote or consent under any of the circumstances described in this Agreement or in Agreement, the By-lawsLaws or any Certificate of Designations, any of the Company Preferred Securities that are beneficially owned by the Bank, the Common Securityholder, the Company or any of its Subsidiaries or Affiliates (other than the Trust)their respective Affiliates, either directly or indirectly, shall not, in such case, not be entitled to vote or consent and shall, for the purposes of such vote or consent, be treated as if such Preferred Securities they were not outstanding, outstanding except for Company Preferred Securities purchased or acquired by the Bank or its Subsidiaries or Affiliates in connection with transactions effected by or for the account of customers of the Bank or any of its Subsidiaries or Affiliates or in connection with the distribution or trading of or market-making in connection with such Company Preferred Securities; provided, however, that Persons (other than Subsidiaries or Affiliates of the Bank) to whom the Bank or any of its Subsidiaries or Affiliates -38- 44 have pledged Company Preferred Securities may vote or consent with respect to such pledged Company Preferred Securities pursuant to the terms of such pledge.

Voting Rights of Preferred Securityholders. (a) Except as shall be otherwise expressly provided in Section 7.3(e) or otherwise herein, in the By-laws Laws or in any Certificate of Designations adopted by the Board of Directors or as otherwise required by the LLC Act or other applicable lawDelaware Act, the Preferred Securityholders shall have no right or power to vote on any question or matter or in any proceeding or to be represented at, or to receive notice of, any meeting of Securityholders. (b) Notwithstanding that Preferred Securityholders holding Company Preferred Securities may become are entitled to vote or consent under any of the circumstances described in this Agreement or in Agreement, the By-lawsLaws or any Certificate of Designations, any of the Company Preferred Securities that are beneficially owned by the Bank, the Common Securityholder, the Company or any of its Subsidiaries or Affiliates (other than the Trust)their respective Affiliates, either directly or indirectly, shall not, in such case, not be entitled to vote or consent and shall, for the purposes of such vote or consent, be treated as if such Preferred Securities they were not outstanding, outstanding except for Company Preferred Securities purchased or acquired by the Bank or its Subsidiaries or Affiliates in connection with transactions effected by or for the account of customers of the Bank or any of its Subsidiaries or Affiliates or in connection with the distribution or trading of or market-making in connection with such Company Preferred Securities; provided, however, that Persons (other than Subsidiaries or Affiliates of the Bank) to whom the Bank or any of its Subsidiaries or Affiliates have pledged Company Preferred Securities may vote or consent with respect to such pledged Company Preferred Securities pursuant to the terms of such pledge.

Voting Rights of Preferred Securityholders. (a) Except as shall be otherwise expressly provided herein, in the By-laws or as otherwise required by the LLC Act or other applicable law, the Preferred Securityholders shall have no right or power to vote on any question or matter or in any proceeding or to be represented at, or to receive notice of, any meeting of Securityholders. (b) Notwithstanding that Securityholders holding Preferred Securities may become entitled to vote or consent under any of the circumstances described in this Agreement or in the By-laws, any of the Preferred Securities that are beneficially owned by the Bank, or any of its Subsidiaries or Affiliates (other than the Trust), either directly or indirectly, shall not, in such case, be entitled to vote or consent and shall, for the purposes of such vote or consent, be treated as if such Preferred Securities were not outstanding, except for Preferred Securities purchased or acquired by the Bank or its Subsidiaries or Affiliates in connection with transactions effected by or for the account of customers of the Bank or any of its Subsidiaries or Affiliates or in connection with the distribution or trading of or market-making in connection with such Preferred Securities; provided, however, that Persons (other than Subsidiaries or Affiliates of the Bank) to whom the Bank or any of its Subsidiaries or Affiliates have pledged Preferred Securities may vote or consent with respect to such pledged Preferred Securities pursuant to the terms of such pledge.

Voting Rights of Preferred Securityholders. (a) Except as shall be otherwise expressly provided in Section 7.3(e) or otherwise herein, in the By-laws Laws or in any Certificate of Designations adopted by the Board of Directors or as otherwise required by the LLC Act or other applicable lawDelaware Act, the Preferred Securityholders shall have no right or power to vote on any question or matter or in any proceeding or to be represented at, or to receive notice of, any meeting of Securityholders.or (b) Notwithstanding that Preferred Securityholders holding Company Preferred Securities may become are entitled to vote or consent under any of the circumstances described in this Agreement or in Agreement, the By-lawsLaws or any Certificate of Designations, any of the Company Preferred Securities that are beneficially owned by the Bank, the Common Securityholder, the Company or any of its Subsidiaries or Affiliates (other than the Trust)their respective Affiliates, either directly or indirectly, shall not, in such case, not be entitled to vote or consent and shall, for the purposes of such vote or consent, be treated as if such Preferred Securities they were not outstanding, outstanding except for Company Preferred Securities purchased or acquired by the Bank or its Subsidiaries or Affiliates in connection with transactions effected by or for the account of customers of the Bank or any of its Subsidiaries or Affiliates or in connection with the distribution or trading of or market-making in connection with such Company Preferred Securities; provided, however, that Persons (other than Subsidiaries or Affiliates of the Bank) to whom the Bank or any of its Subsidiaries or Affiliates have pledged Company Preferred Securities may vote or consent with respect to such pledged Company Preferred Securities pursuant to the terms of such pledge.