Mailings to Shareholders. With respect to each RVI Meeting and RVI Consent, the Trustee will mail use its reasonable efforts to or cause to be mailed (or otherwise communicate in the same manner as RVI utilizes in communications to holders of RVI Common Stock, subject to the Trustee’s ability to provide this method of communication and upon being advised in writing of such method) to each of the Holders named in the List on the same day as the initial mailing or notice (or other communication) with respect thereto is given by RVI to its stockholders:
(a) a copy of such notice, together with any proxy or information statement and related materials to be provided to holders of RVI Common Stock;
(b) a statement of the number of Holder Votes which the Holder is entitled to exercise;
(c) a statement that such Holder is entitled to instruct the Trustee as to the exercise of the Holder Votes with respect to such RVI Meeting or RVI Consent, as the case may be, or, pursuant to Section 4.7 hereof, to attend such RVI Meeting and to exercise personally the Holder Votes thereat;
(d) a statement as to the manner in which such instructions may be given to the Trustee, including an express indication that instructions may be given to the Trustee to give:
(i) a proxy to such Holder or such Holder’s designee to exercise personally the Holder Votes; or
(ii) a proxy to a designated agent or other representative of the management of RVI to exercise such Holder Votes;
(e) a statement that if no voting instructions are received from the Holder, the Holder Votes to which such Holder is entitled will not be exercised;
(f) a form of direction whereby the Holder may so direct and instruct the Trustee as contemplated herein; and
(g) a statement of (i) the time and date by which such instructions must be received by the Trustee in order to be binding upon it, which in the case of a RVI Meeting shall not be earlier than the close of business on the Business Day prior to such meeting, and (ii) the method for revoking or amending such instructions. The materials referred to above are to be provided by RVI to the Trustee, but shall be subject to review and comment by the Trustee. For the purpose of determining Holder Votes to which a Holder is entitled in respect of any such RVI Meeting or RVI Consent, the number of Exchangeable Shares owned of record by the Holder shall be determined at the close of business on the record date established by RVI or by applicable law for purposes of determining stockholders entitl...
Mailings to Shareholders. (1) With respect to each Akerna Meeting or Akerna Consent, the Trustee will mail or cause to be mailed (or otherwise communicate in the same manner as Akerna utilizes in communications to holders of Akerna Shares, subject to applicable regulatory requirements and to the Trustee being advised in writing of such manner of communications and provided that such manner of communications is reasonably available to the Trustee) to each Beneficiary named in the applicable List on the same day as the mailing (or other communication) with respect thereto is commenced by Akerna to its shareholders:
(a) a copy of such mailing, together with any related materials, including, without limitation, any proxy circular or information statement or listing particulars, to be provided to shareholders of Akerna;
(b) a statement that such Beneficiary is entitled to instruct the Trustee as to the exercise of the Beneficiary Votes with respect to such Akerna Meeting or Akerna Consent or, pursuant to Section 4.7, to attend such Akerna Meeting and to exercise personally the Beneficiary Votes thereat;
(c) a statement as to the manner in which such instructions may be given to the Trustee, including an express indication that instructions may be given to the Trustee to give: (A) a proxy to such Beneficiary or his, her or its designee to exercise personally such holder’s Beneficiary Votes; or (B) a proxy to a designated agent or other representative of Akerna to exercise such holder’s Beneficiary Votes;
(d) a statement that if no such instructions are received from such Beneficiary, the Beneficiary Votes to which the Beneficiary is entitled will not be exercised;
Mailings to Shareholders. With respect to each Parent Meeting and Parent Consent, the Parent will mail or cause to be mailed (or otherwise communicate in the same manner as the Parent utilizes in communications to holders of Parent Common Shares) to the Holder on the same day as the initial mailing or notice (or other communication) with respect thereto is given by the Parent to its shareholders:
(a) a copy of such notice, together with any related materials to be provided to shareholders of the Parent; and
(b) a statement that the Holder is entitled to attend such Parent Meeting and to exercise personally or by proxy the Holder Votes thereat. For the purpose of determining the Holder Votes to which the Holder is entitled in respect of any such Parent Meeting or Parent Consent, the number of Exchangeable Shares owned of record by the Holder shall be determined at the close of business on the record date established by the Parent or by applicable law for purposes of determining shareholders entitled to vote at such Parent Meeting or to give written consent in connection with such Parent Consent. The Parent will notify the Holder in writing of any decision of the Board of Directors of the Parent with respect to the calling of any such Parent Meeting or the seeking of any such Parent Consent and shall provide all necessary information and materials to the Holder in each case promptly.
Mailings to Shareholders. With respect to each Fenix Meeting and Fenix Consent, the Trustee will use its reasonable efforts promptly to mail or cause to be mailed (or otherwise communicate in the same manner as Fenix utilizes in communications to holders of Fenix Stock subject to applicable regulatory requirements and provided such manner of communications is reasonably available to the Trustee) to each of the Beneficiaries of the Exchangeable Shares named in the List referred to in section 4.6, such mailing or communication to commence on the same day as the mailing or notice (or other communication) with respect thereto is commenced by Fenix to its shareholders:
Mailings to Shareholders. With respect to each Acquiror Meeting and Acquiror Consent, the Trustee will use its reasonable efforts promptly to mail or cause to be mailed (or otherwise communicate in the same manner as Acquiror utilizes in communications to holders of Acquiror Shares subject to applicable regulatory requirements and provided such manner of communications is reasonably available to the Trustee) to each of the Beneficiaries named in the List, such mailing or communication to commence on the same day as the mailing or notice (or other communication) with respect thereto is commenced by Acquiror to its shareholders:
Mailings to Shareholders. With respect to each USCO Shareholders Meeting and USCO Shareholders Consent, USCO will, or will cause its Transfer Agent to, mail or cause to be mailed (or otherwise communicate in the same manner that USCO utilizes in communications to holders of Common Shares) to each of the Holders named in the List on the same day as the initial mailing or notice (or other communication) with respect thereto is given by USCO to its shareholders:
(a) a copy of such notice, together with any proxy or information statement and related materials to be provided to shareholders of USCO; and
(b) all other documents and communications distributed to the holders of Common Shares in connection with each USCO Shareholders Meeting or USCO Shareholders Consent. For the purpose of determining which Holder is entitled to receive the above-noted materials in respect of any such USCO Shareholders Meeting or USCO Shareholders Consent, the Holders of Exchangeable Shares owned of record by each Holder shall be determined at the close of business on the record date set by USCO or by applicable law for purposes of determining shareholders entitled to vote at such USCO Shareholders Meeting or to give written consent in connection with such USCO Shareholders Consent.
Mailings to Shareholders. (1) With respect to each RG Meeting, the Trustee shall use its reasonable efforts promptly to mail or cause to be mailed (or otherwise communicate in the same manner as RG utilizes in communications to holders of RG Shares subject to applicable regulatory requirements and provided that such manner of communications is reasonably available to the Trustee) to each of the Beneficiaries named in the List, such mailing or communication to commence wherever practicable on the same day as the mailing or notice (or other communication) with respect thereto is commenced by RG to its shareholders:
(a) a copy of such notice, together with any related materials, including any circular or information statement or listing particulars, to be provided to shareholders of RG;
(b) a statement that such Beneficiary is entitled to instruct the Trustee as to the exercise of the Beneficiary Votes with respect to such RG Meeting or, pursuant to Section 4.7, to attend such RG Meeting and to exercise personally the Beneficiary Votes thereat;
Mailings to Shareholders to each of the Beneficiaries named in the List on the same day as the initial mailing of notice (or other communication) with respect to such BackWeb Meeting or BackWeb Consent is given by BackWeb to its shareholders:
Mailings to Shareholders. 7 SECTION 4.4
Mailings to Shareholders. With respect to each JumpTV Meeting, the Voting Trustee will use its reasonable efforts promptly to mail or cause to be mailed or otherwise communicate to each of the Shareholders, any materials or communications forwarded to shareholders of JumpTV, including, without limitation, the following materials:
(a) a copy of the notice of such JumpTV Meeting, together with any related materials, including, without limitation, any circular or information statement, to be provided to shareholders of JumpTV;
(b) a statement that such Shareholder is entitled to instruct the Voting Trustee as to the exercise of the Permitted Voting Rights with respect to such JumpTV Meeting;
(c) a statement as to the manner in which such instructions may be given to the Voting Trustee;
(d) a statement that if no such instructions are received from the Shareholder, the Permitted Voting Rights to which such Shareholder is entitled will not be exercised;
(e) a form of direction whereby the Shareholder may instruct the Voting Trustee as to voting in respect of the Permitted Voting Rights and otherwise as contemplated herein; and
(f) a statement of the time and date by which such instructions must be received by the Voting Trustee in order to be binding upon it.
