Trust Meeting definition
Examples of Trust Meeting in a sentence
Subject to Section 6.15, the Trustee shall exercise the Voting Rights only on the basis of instructions received pursuant to this Article 4 from Beneficiaries entitled to instruct the Trustee as to the voting thereof at the time at which the Trust Meeting is held or a Trust Consent is sought.
Any Beneficiary named in a List prepared in connection with any Trust Meeting or Trust Consent will be entitled (a) to instruct the Trustee in the manner described in Section 4.2 with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled or (b) to attend such meeting and personally exercise thereat (or to personally exercise with respect to any Trust Consent), as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
For the purpose of determining Beneficiary Votes to which a Beneficiary is entitled in respect of any Trust Meeting or Trust Consent, the number of Exchangeable Securities owned of record by the Beneficiary shall be determined at the close of business on the record date established by Enerplus or by applicable law for purposes of determining Unitholders entitled to vote at such Trust Meeting or to give written consent in connection with such Trust Consent.
The Trustee, as the holder of record of the Enerplus Special Voting Right forming part of the Trust Estate, shall be entitled to all of the Voting Rights, including the right to vote in person or by proxy the Enerplus Special Voting Right held by the Trustee on any matter, question, proposal or proposition whatsoever that may properly come before the Unitholders at a Trust Meeting or in connection with a Trust Consent.
Any Beneficiary named in a List prepared in connection with any Trust Meeting or Trust Consent will be entitled (a) to instruct the Trustee in the manner described in Section with respect to the exercise of the Beneficiary Votes to which such Beneficiary is entitled, or (b) to attend such meeting and personally exercise thereat, as the proxy of the Trustee, the Beneficiary Votes to which such Beneficiary is entitled.
The Trust Meeting may be held by telephone if all Trust Members are present.
The Trust Meeting shall not have a quorum until 98% of the entire share capital of the Voting Trust is present or regularly represented.
At the time of their delivery to the Unitholders, the information and statements contained or incorporated by reference in the Trust Meeting Materials relating to Purpose will be true and correct in all material respects and will contain no misrepresentation.
Enerplus agrees to give FLP notice (with a copy to the Trustee) of the calling of any Trust Meeting or the seeking of any Trust Consent by Enerplus or its management, together with the record dates therefor, sufficiently prior to the date of the calling of such meeting or seeking of such consent so as to enable FLP to perform its obligations under this Section 4.6.
The voting rights of the shares in the Voting Trust shall be exercised at the Shareholder Meeting by the Trust Representative, unless an alternative representative is appointed at the Trust Meeting.