Common use of Voting Rights Clause in Contracts

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 31 contracts

Samples: Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca)

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Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Depositary Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Depositary Receipt on the relevant such record date, the Depositary shall use its best efforts to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to shall take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Depositary Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Depositary Receipt.

Appears in 31 contracts

Samples: Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca)

Voting Rights. Upon Subject to the provisions of the Certificate, upon receipt of notice of any meeting at which the holders of the Stock are entitled to vote, the Depositary Depository shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of Receipts, determined on the record date for such meeting as set forth in Section 4.4, a notice prepared by the Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders Holders may, subject to any applicable restrictions, instruct the Depositary Depository as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary Depository to give a discretionary proxy to a person designated by the Company), Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders Holders of Receipts on the relevant record date, the Depositary Depository shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company Corporation hereby agrees to take all reasonable action which may be deemed necessary by the Depositary Depository in order to enable the Depositary Depository to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary Depository will abstain from voting not vote (but at its discretion, may appear at any meeting with respect to such Stock unless directed otherwise by the Holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by the Receipts of such ReceiptHolders.

Appears in 25 contracts

Samples: Deposit Agreement (BAC Capital Trust XIII), Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Bank of America Corp /De/)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Receipts at the close of business on a specified record date determined as provided in paragraph 15 will be entitled, subject to any applicable restrictionsprovision of law, the Certificate of Incorporation or the applicable Certificate of Designation, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Receipt.

Appears in 14 contracts

Samples: Deposit Agreement (Allos Therapeutics Inc), Deposit Agreement (Allos Therapeutics Inc), Deposit Agreement (Maxim Pharmaceuticals Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice prepared by the Company which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 13 contracts

Samples: Deposit Agreement (First Horizon Corp), Deposit Agreement (First Horizon National Corp), Deposit Agreement (First Horizon National Corp)

Voting Rights. Upon receipt of notice of any meeting at which the record holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the record holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the record holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the record holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 12 contracts

Samples: Deposit Agreement (Hovnanian Enterprises Inc), Deposit Agreement (Keyspan Trust I), Deposit Agreement (Anadarko Petroleum Capital Trust I)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting entitled thereto a notice which that shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the such holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received, provided that the Depositary receives such instructions sufficiently in advance of such voting to enable it to so vote or cause such Stock to be voted. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, in its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 11 contracts

Samples: Deposit Agreement (Morgan Stanley), Deposit Agreement (Morgan Stanley), Deposit Agreement (Morgan Stanley)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice prepared by the Company which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting vote, to the extent permitted by the rules of the New York Stock Exchange or any other applicable regulatory body, the Stock represented by the Depositary Shares evidenced by the Receipt of such Receiptholder proportionately with votes cast pursuant to instructions received by the other holders.

Appears in 9 contracts

Samples: Deposit Agreement (Truist Financial Corp), Deposit Agreement (Truist Financial Corp), Deposit Agreement (Truist Financial Corp)

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting a notice prepared by the Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders Holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders Holders of Receipts on the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company Corporation hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 9 contracts

Samples: Deposit Agreement (Allstate Corp), Deposit Agreement (Allstate Corp), Deposit Agreement (Allstate Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by relating to their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestsrequest, the maximum number of whole shares of Preferred Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Preferred Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt.

Appears in 8 contracts

Samples: Deposit Agreement (J P Morgan Chase & Co), Deposit Agreement (J P Morgan Chase & Co), Deposit Agreement (J P Morgan Chase & Co)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary authority to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of the holders of Receipts on the relevant record date, the The Depositary shall use its best efforts endeavor, insofar as practicable, to vote or cause to be voted, in accordance with the instructions set forth in such requestsauthorization referred to above, the maximum number of whole votes relating to the shares of Stock represented by (or portion thereof) underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are such authorization has been received. The Company hereby agrees to take all such action which may be deemed as it deems necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by (or portion thereof) underlying the Depositary Shares evidenced by such Receipt.

Appears in 8 contracts

Samples: Deposit Agreement (Pmi Group Inc), Deposit Agreement (S&t Bancorp Inc), Deposit Agreement (Pmi Group Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by underlying the Depositary Shares evidenced by such Receipt.

Appears in 8 contracts

Samples: Deposit Agreement (J P Morgan Chase & Co), Deposit Agreement (J P Morgan Chase & Co), Deposit Agreement (J P Morgan Chase & Co)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 6 contracts

Samples: Deposit Agreement (Infocure Corp), Depositary Agreement (Union Planters Corp), Deposit Agreement (Wells Fargo & Co/Mn)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company company hereby agrees to take all action action, which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 6 contracts

Samples: Deposit Agreement (HSBC Finance CORP), Deposit Agreement (HSBC Usa Inc /Md/), Deposit Agreement (HSBC Finance CORP)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement informing holders of Receipts that the holders may, subject to any applicable restrictions, they may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a their discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by underlying the Depositary Shares evidenced by such Receipt.

Appears in 5 contracts

Samples: Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Fleet Financial Group Inc)

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice from the Company of any meeting at which the holders of Stock the Preferred Shares are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts Receipts, as of determined on the record date for such meeting fixed pursuant to Section 4.4, a notice prepared by the Company which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.4 may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Stock the Preferred Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person Person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders Holders of Receipts on the relevant record date, the Depositary shall use its best efforts to the extent possible vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock the Preferred Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock shares of the Preferred Shares or cause such Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to the extent vote all shares of the Stock represented Preferred Shares held by the Depositary Shares evidenced by such Receiptit proportionately with instructions received.

Appears in 5 contracts

Samples: Deposit Agreement (SVB Financial Group), Deposit Agreement (SVB Financial Group), Deposit Agreement (SVB Financial Group)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting entitled thereto a notice which that shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the such holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received, provided that the Depositary receives such instructions sufficiently in advance of such voting to enable it to so vote or cause to be voted. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, in its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 5 contracts

Samples: Deposit Agreement (Ixc Communications Inc), Deposit Agreement (Comcast Mo Group Inc), Deposit Agreement (Morgan Stanley Finance PLC)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Depositary Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Depositary Receipt on the relevant such record date, date the Depositary shall use its best efforts to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Depositary Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Depositary Receipt.

Appears in 4 contracts

Samples: Agreement (New Plan Excel Realty Trust Inc), Deposit Agreement (New Plan Excel Realty Trust Inc), Deposit Agreement (Excel Realty Trust Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting entitled thereto a notice which that shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the such holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received, provided that the Depositary receives such instructions sufficiently in advance of such voting to enable it to so vote or cause such Stock to be voted. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, in its discretion, not from appearing at any meeting with respect to such Stock unless directed to the extent of the Stock represented contrary by the Depositary Shares evidenced by such Receipt.holders of all the

Appears in 4 contracts

Samples: Deposit Agreement (Morgan Stanley), Deposit Agreement (Morgan Stanley), Deposit Agreement (Morgan Stanley)

Voting Rights. Upon receipt of notice of any meeting at which the record holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the record holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the record holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action using commercially reasonable efforts which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the record holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 4 contracts

Samples: Deposit Agreement (PPL Energy Supply LLC), Deposit Agreement (PPL Energy Supply LLC), Deposit Agreement (PPL Capital Funding Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Stock are entitled to vote, the Depositary shallDepositary, as soon as practicable thereafter, shall mail to the record holders of Receipts as of a notice, which shall be provided by the record date for such meeting a notice Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Receipts at the close of business on a specified date fixed as provided in the Deposit Agreement will be entitled, subject to any applicable restrictionsprovisions of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Receipt on the relevant such record date, the Depositary shall use its best efforts to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Receipt. The Depositary shall not be required to exercise discretion in voting the Stock represented by the Depositary Shares evidenced by this Receipt.

Appears in 4 contracts

Samples: Deposit Agreement (Bay View Capital Corp), Deposit Agreement (Meditrust Corp), Deposit Agreement (CNF Transportation Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Depositary Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Depositary Receipt on the relevant such record date, date the Depositary shall use its best efforts to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Depositary Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Depositary Receipt.

Appears in 3 contracts

Samples: Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice prepared by the Company which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions authorization from the holder of a Receipt, the Depositary will abstain from voting (but shall appear at any meeting with respect to the Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Stock (or portion thereof) represented by the applicable Depositary Shares evidenced by such Receipt.

Appears in 3 contracts

Samples: Deposit Agreement (Associated Banc-Corp), Deposit Agreement (Associated Banc-Corp), Deposit Agreement (Associated Banc-Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 3 contracts

Samples: Deposit Agreement (Bank of Boston Corp), Deposit Agreement (Bankboston Corp), Deposit Agreement (Deposit Guaranty Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall will contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to Corporation shall take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting shall not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 3 contracts

Samples: Deposit Agreement (Lodgenet Interactive Corp), Deposit Agreement (Lodgenet Entertainment Corp), Deposit Agreement (General Motors Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice notice, which shall contain (ia) such information as is contained in such notice of meeting, (iib) a statement that the holders mayof Receipts at the close of business on a specified record date determined as provided in Paragraph 14 will be entitled, subject to any applicable restrictionsprovision of law, the Charter or the Articles Supplementary, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iiic) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Receipt on the relevant such record date, date the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Receipt.

Appears in 3 contracts

Samples: Deposit Agreement (Mb Financial Inc /Md), Deposit Agreement (Great Southern Capital Trust IV), Deposit Agreement (First Pactrust Bancorp Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice notice, which shall contain (ia) such information as is contained in such notice of meeting, (iib) a statement that the holders mayof Receipts at the close of business on a specified record date determined as provided in Paragraph 14 will be entitled, subject to any applicable restrictionsprovision of law, the Articles of Incorporation or the Certificate of Determination, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iiic) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Receipt on the relevant such record date, date the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Receipt.

Appears in 3 contracts

Samples: Deposit Agreement (Yahoo Inc), Deposit Agreement (Americredit Capital Trust I), Deposit Agreement (Unionbancal Finance Trust Iv)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice notice, which shall contain (ia) such information as is contained in such notice of meeting, (iib) a statement that the holders mayof Receipts at the close of business on a specified record date determined as provided in Paragraph 14 will be entitled, subject to any applicable restrictionsprovision of law, the Certificate of Incorporation or the Certificate of Designations, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iiic) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Receipt on the relevant such record date, date the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Receipt.

Appears in 3 contracts

Samples: Deposit Agreement (McKesson Corp), Deposit Agreement (Joy Global Inc), Deposit Agreement (Plum Creek Timber Co Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock Shares are entitled to vote, the Depositary shallDepositary, as soon as practicable thereafter, shall mail to the record holders Record Holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by Shares underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders Record Holders of Receipts on the relevant as of such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by Shares underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Shares or cause such Stock Shares to be voted. In the absence of specific instructions from the holder a Record Holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Shares unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by Shares representing the Depositary Shares evidenced by such Receipt.

Appears in 2 contracts

Samples: Deposit Agreement (RJF Capital Trust III), Deposit Agreement (Bank of America Corp /De/)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Depositary Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Depositary Receipt on the relevant such record date, date the Depositary shall use its best efforts to vote or cause to be voted, voted the Preferred Stock underlying the Depositary Shares evidenced by this Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a this Depositary Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by underlying the Depositary Shares evidenced by such this Depositary Receipt.

Appears in 2 contracts

Samples: Deposit Agreement (CBL & Associates Properties Inc), Deposit Agreement (CBL & Associates Properties Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafterthereafter (unless another arrangement for allowing holders of Adjustable Rate Depositary Shares to exercise the voting rights associated with the Adjustable Rate Depositary Shares is agreed by the Company and the Depositary), mail to the record holders of Receipts as of a notice, which shall be provided by the record date for such meeting a notice Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable restrictionsprovision of law, the Certificate of Incorporation or the Certificate of Designation, to instruct the Depositary as to the exercise of the voting rights pertaining with respect to the amount of Stock represented by their respective Adjustable Rate Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted with respect to the amount of Stock represented by the Adjustable Rate Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be votedrequest. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Adjustable Rate Depositary Shares evidenced by such Receipt. SECTION 4.06.

Appears in 2 contracts

Samples: Deposit Agreement Deposit Agreement (El Paso Natural Gas Co), Agreement and Plan of Merger (El Paso Natural Gas Co)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by Shares underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders Record Holders of Receipts on the relevant as of such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by Shares underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Shares or cause such Stock Shares to be voted. In the absence of specific instructions from the holder a Record Holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Shares unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by Shares representing the Depositary Shares evidenced by such Receipt.

Appears in 2 contracts

Samples: Deposit Agreement (United Companies Financial Corp), Deposit Agreement (Bank of America Corp /De/)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, vote the Depositary shall, as soon as practicable thereafter, mail to the record holders of Depositary Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Depositary Receipt on the relevant such record date, date the Depositary shall use its best efforts to vote or cause to be voted, voted the Stock represented by the Depositary Shares evidenced by this Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a this Depositary Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such this Depositary Receipt.

Appears in 2 contracts

Samples: Form of Deposit Agreement (Headwaters Inc), Deposit Agreement (Saul Centers Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of shares of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount number of shares of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary authority to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of the holders of Receipts on the relevant record date, the The Depositary shall use its best efforts endeavor, insofar as practicable, to vote or cause to be voted, in accordance with the instructions set forth in such requestsauthorization referred to above, the maximum number of whole votes relating to the shares of Stock (or portion thereof) represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are such authorization has been received. The Company hereby agrees to take all such action which may be deemed as it deems necessary by the Depositary in order to enable the Depositary to vote such shares of Stock or cause such shares of Stock to be voted. In the absence of specific instructions authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Stock unless directed to the contrary by the record holders of all the Receipts) to the extent of the shares of Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt.

Appears in 2 contracts

Samples: Deposit Agreement (Wachovia Corp New), Deposit Agreement (Wachovia Corp New)

Voting Rights. Upon receipt of notice of any meeting at ------------- which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of the Receipts may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to Corporation shall take all action which may be deemed necessary by that the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.may

Appears in 2 contracts

Samples: Deposit Agreement (Bankers Trust New York Corp), Deposit Agreement (Bankers Trust New York Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of a notice, which shall be provided by the record date for such meeting a notice Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Receipts at the close of business on a specified record date fixed pursuant to Section 4.4 will be entitled, subject to any applicable restrictionsprovision of law, the Certificate of Incorporation or the Certificate of Designation, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 2 contracts

Samples: Deposit Agreement (Level 3 Communications Inc), Deposit Agreement (Ventas Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of the Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting Depositary Shares a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement informing holders of Depositary Shares that the holders may, subject to any applicable restrictions, they may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record datedate established in accordance with Section 4.4, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting or consent instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a ReceiptDepositary Share, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Depositary Shares) to the extent of the Stock represented by underlying the Depositary Shares evidenced by such ReceiptShares.

Appears in 2 contracts

Samples: Deposit Agreement (Ati Financing Ii), Deposit Agreement (Providian Financing Iv)

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of a notice, which shall be provided by the record date for such meeting a notice Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable restrictionsprovision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may way be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts to vote or cause to be voted, voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requestsrequest. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the maximum Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole shares votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock represented by the Depositary Shares evidenced by all Receipts as is entitled to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt10 votes and, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.accordingly, each Depositary

Appears in 2 contracts

Samples: Deposit Agreement (Excel Realty Trust Inc), Deposit Agreement (New Plan Realty Trust)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock of a particular series are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting series a notice prepared by the Company which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock of such series represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts of such series on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock of such series represented by the Depositary Shares evidenced by all Receipts of such series as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a ReceiptReceipt of such series, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all such Receipts of such series) to the extent of the Stock of such series represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Goldman Sachs Group Inc/)

Voting Rights. Upon receipt of notice of any meeting at which the record holders of the Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, shall promptly mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the record holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of the Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the record holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of the Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action using commercially reasonable efforts which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the record holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: PPL Electric Utilities (PPL Electric Utilities Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall be provided by the Company that shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote cast or cause to be votedcast, in accordance with the instructions set forth in such requests, the maximum number of whole shares votes in respect of the Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote cast such Stock votes or cause such Stock votes to be votedcast. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting shall not cast any vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the extent contrary by the holders of all the Receipts) in respect of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Ual Corp /De/)

Voting Rights. Upon receipt of notice of any meeting at which the holders of the Stock are entitled to votevote or any solicitation of consents in respect of the Stock, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting Depositary Shares a notice notice, which shall contain (i) such information as is contained in such the notice of meeting, meeting or solicitation given to the holders of the Stock and (ii) a statement informing Record Holders of Depositary Shares that the holders may, subject to any applicable restrictions, they may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record datedate established in accordance with Section 4.4, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting or consent instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a ReceiptDepositary Share, the Depositary will abstain from voting vote such Stock or cause such Stock to be voted in accordance with the extent recommendation of the Stock represented by the Depositary Shares evidenced by such ReceiptCompany.

Appears in 1 contract

Samples: Deposit Agreement (Amsouth Bancorporation)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as a notice, the form of which shall be prepared by the record date for such meeting a notice Company and delivered to the Depositary and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders mayof Receipts at the close of business on a specified record date determined in accordance with Section 4.04 of this Deposit Agreement shall be entitled, subject to any applicable restrictionsprovisions of law and of the Company's Certificate of Incorporation, as amended, the Company's Bylaws or the Certificate, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by the Depositary Shares evidenced by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Receipts and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by underlying such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Infocure Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders mayof Receipts at the close of business on a specified record date will be entitled, subject to any applicable restrictionsprovisions of law and of the Company's Articles of Incorporation, as amended, Bylaws or the Authorizing Resolution, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by the Depositary Shares evidenced by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Receipts, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by underlying such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Mississippi Power Capital Trust Iii)

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of the Series A Preferred Stock are entitled to votevote or of the solicitation of a written consent of the holders of the Series A Preferred Stock, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts as of the record date for such meeting a notice prepared by the Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting or solicitation of written consent and (ii) a statement that the holders Holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting or written consent rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders Holders of Receipts on the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted, or consent in writing, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting or written consent instructions are received. The Company Corporation hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the The Depositary will abstain from voting shares of the Series A Preferred Stock to the extent of it does not receive specific instructions from the Stock represented by the Depositary Shares evidenced by Holders representing such ReceiptSeries A Preferred Stock.

Appears in 1 contract

Samples: Deposit Agreement (Global Geophysical Services Inc)

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Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock the Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting Depositary Shares a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement informing holders of Depositary Shares that the holders may, subject to any applicable restrictions, they may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by Shares underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record datedate established in accordance with SECTION 4.04, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by Shares underlying the Depositary Shares evidenced by all Receipts as to which any particular voting or consent instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Shares or cause such Stock Shares to be voted. In the absence of specific instructions from the holder of a ReceiptDepositary Share, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting held with respect to such Shares unless directed to the contrary by the holders of all the Depositary Shares) to the extent of the Stock represented by Shares underlying the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Prime Group Realty Trust)

Voting Rights. Upon receipt of notice of any meeting at ------------- which the holders of Stock are entitled to votevote or any solicitation of consents in respect of Stock, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting or consent solicitation and (ii) a statement that the holders Record Holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a Record Holder of Receipts a Receipt on the relevant record date, the Depositary shall use its best efforts insofar as practicable to vote or cause to be votedvoted or deliver a consent with respect to the amount of Stock represented by the Depositary Shares evidenced by such Receipt, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder Record Holder of a Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt. Record Holders of Receipts shall also be entitled to vote on certain amendments to this Deposit Agreement pursuant to Section 6.1 hereof.

Appears in 1 contract

Samples: Deposit Agreement (Omnipoint Corp \De\)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount number of Stock Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Trust) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company Trust hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Shares or cause such Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Shares unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Town & Country Trust)

Voting Rights. Upon receipt of notice of any meeting at which the record holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the record holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the record holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company Corporation hereby agrees to take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the record holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (United States Steel Corp)

Voting Rights. Upon receipt of notice of any meeting ------------- at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Household International Inc)

Voting Rights. Upon receipt of notice of any meeting at which ------------- the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Merrill Lynch & Co Inc)

Voting Rights. Upon receipt of notice of any meeting or action to be taken by written consent at which the holders of the Stock are entitled to votevote or consent, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting Depositary Shares a notice which that shall contain (i) such information as is contained in such notice of meeting, meeting or action and (ii) a statement informing holders of Depositary Shares that the holders may, subject to any applicable restrictions, they may instruct the Depositary as to the exercise of the voting rights or the giving or refusal of consent, as the case may be, pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record datedate established in accordance with Section 4.04, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, or give or withhold consent with respect to such Stock, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting or consent instructions are received. [The Company hereby agrees to take all reasonable action which that may reasonably be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. voted or give or withhold consent with respect to such Stock.] In the absence of specific instructions from the holder of a ReceiptDepositary Share, the Depositary will abstain from voting or giving consents (but, at its discretion, not from appearing at any meeting with respect to the extent of the such Stock represented by the Depositary Shares evidenced by such Receipt.unless

Appears in 1 contract

Samples: Deposit Agreement (Del Webb Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of a notice, which shall be provided by the record date for such meeting a notice Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable restrictionsprovision of law, the Memorandum of Association (including the applicable Certificate), to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock Preference Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Preference Shares or cause such Stock Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Stock Preference Shares represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (MRH Capital Trust I)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice prepared by the Company which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedreceived provided that the Depositary receives such institutions sufficiently in advance of such voting to enable it to so vote or cause such stock to be voted. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Bank of America Corp /De/)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock Preferred Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock Preferred Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock Preferred Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Preferred Shares or cause such Stock Preferred Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote to the extent of the Stock Preferred Shares represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (M I Homes Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of the Stock are entitled to votevote pursuant to the Articles, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting Depositary Shares a notice which that shall be provided by the Company and that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement informing holders of Depositary Shares that the holders may, subject to any applicable restrictions, they may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record datedate established in accordance with Section 4.4, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a ReceiptDepositary Share, the Depositary will abstain refrain from voting to the extent of the Stock represented by underlying the Depositary Shares evidenced by such ReceiptShares.

Appears in 1 contract

Samples: Deposit Agreement (Mack Cali Realty Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock Preferred Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Depositary Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock Preferred Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Depositary Receipt on the relevant such record date, the Depositary shall use its best efforts to vote or cause to be voted, voted the Preferred Shares represented by the Depositary Shares evidenced by this Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company Corporation hereby agrees to take all action which that may be deemed reasonably necessary by the Depositary in order to enable the Depositary to vote such Stock Preferred Shares or cause such Stock Preferred Shares to be voted. In the absence of specific instructions from the holder of a this Depositary Receipt, the Depositary will abstain from voting to the extent of the Stock Preferred Shares represented by the Depositary Preferred Shares evidenced by such this Depositary Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Mills Corp)

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts as of the record date for such meeting a notice prepared by the Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders Holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders Holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.are

Appears in 1 contract

Samples: Deposit Agreement (TCF Financial Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which that shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder holders of a ReceiptReceipts, the Depositary will abstain from voting shall endeavor insofar as practicable to vote or cause to be voted, in accordance with the extent Company's recommendations, the maximum number of the Stock whole shares of stock represented by the Depositary Shares evidenced by such Receiptall Receipts as to which no specific instructions have been given.

Appears in 1 contract

Samples: Deposit Agreement (Old Kent Financial Corp /Mi/)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to votevote or any solicitation of consents in respect of Preferred Stock, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting or consent solicitation and (ii) a statement that the holders Record Holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a Record Holder of Receipts a Receipt on the relevant record date, the Depositary shall use its best efforts insofar as practicable to vote or cause to be votedvoted or deliver a consent with respect to the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. Record Holders of Receipts shall also be entitled to vote on certain amendments to this Deposit Agreement pursuant to Section 6.1 hereof.

Appears in 1 contract

Samples: Deposit Agreement (United International Holdings Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock Preferred Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of a notice, which shall be provided by the record date for such meeting a notice Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable restrictionsprovision of law, the Memorandum of Association (including the applicable Certificate), to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock Preferred Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the Preferred Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Preferred Shares or cause such Stock Preferred Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Stock Preferred Shares represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Scottish Annuity & Life Holdings LTD)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or cause to be mailed to the record holders of Receipts as Depositary Shares a notice, the form of which shall have been delivered by the record date for such meeting a notice Company to the Depositary, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Depositary Shares at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable restrictionsprovision of law, the Articles of Incorporation or the Statement of Designations, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts Depositary Shares on the relevant such record date, the Depositary shall use its best efforts endeavor, insofar as practicable, to vote or cause to be voted, voted the Stock represented by such Depositary Shares in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, Depositary Shares the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all Depositary Shares) to the extent of the Stock represented by the Depositary Shares evidenced by such ReceiptShares.

Appears in 1 contract

Samples: Amendment and Ratification Agreement (Ico Inc)

Voting Rights. Upon Promptly upon receipt of notice of any meeting at which the holders of New Preferred Stock are entitled to vote, the Depositary shall(unless another arrangement for allowing holders of Depositary Shares to exercise the voting rights associated with the Depositary Shares is agreed by the Company and the Depositary), as soon as practicable thereafter, shall mail to the record holders of Depositary Receipts as of a notice, which shall be provided by the record date for such meeting a notice Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders mayof Depositary Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable restrictionsprovision of law, the Restated Articles of Incorporation or the Articles of Amendment, to instruct the Depositary as to the exercise of the voting rights pertaining with respect to the amount number of shares of New Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Depositary Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted with respect to the amount of New Preferred Stock represented by the Depositary Shares evidenced by such Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting with respect to the New Preferred Stock to the extent that it does not receive specific instructions from the holders of the Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Appears in 1 contract

Samples: Deposit Agreement (Washington Water Power Co)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i1) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, date (which shall be the same date as the record date for the Stock) the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In If the absence of Depositary does not receive specific instructions from the holder holders of a Receiptany Receipts, the Depositary will abstain from voting to the extent vote all shares of the Stock represented series held by the Depositary Shares evidenced by such Receiptit proportionately with instructions received.

Appears in 1 contract

Samples: Deposit Agreement (St Paul Capital Trust Ii)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafterpracticable, mail to the record holders of Receipts as a notice, the form of which shall be prepared by the record date for such meeting a notice Company and delivered to the Depositary and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders mayof Receipts at the close of business on a specified record date determined as provided in Paragraph 17 will be entitled, subject to any applicable restrictionsprovisions of law and of the Company's Certificate of Incorporation, as amended, the Company's Bylaws or the Certificate, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by the Depositary Shares evidenced by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Receipts, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts a Receipt on the relevant such record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be votedrequest. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by underlying such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Infocure Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of the Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or cause to be mailed to the record holders Record Holders of Receipts as Depositary Shares a notice, the form of which shall have been delivered by the record date for such meeting a notice Company to the Depositary, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Depositary Shares at the close of business on a specified record date fixed pursuant to Section 4.4 may, subject to any applicable restrictionsprovisions of law and of the Company's Restated Certificate of Incorporation (including the Certificate), instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record datedate established in accordance with Section 4.4, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requestsrequest, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting or consent instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. The Depositary may, at its discretion, appear at any meeting with respect to the Stock unless directed to the contrary by the holders of all the Depositary Shares. In the absence of specific instructions from the holder of a ReceiptDepositary Share, the Depositary will abstain from voting to the extent of the Stock represented by the underlying such Depositary Shares evidenced by such ReceiptShares.

Appears in 1 contract

Samples: Deposit Agreement (American Stores Co /New/)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock any Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of the corresponding Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock such Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock Shares or cause such Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Shares unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Master Deposit Agreement (Agree Realty Corp)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Depositary Receipts as of the record date for such meeting a notice notice, which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company)Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders a holder of Receipts this Depositary Receipt on the relevant such record date, date the Depositary shall use its best efforts to vote or cause to be voted, voted the Preferred Stock underlying the Depositary Shares evidenced by this Depositary Receipt in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are receivedrequest. The Company Corporation hereby agrees to take all action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a this Depositary Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by underlying the Depositary Shares evidenced by such this Depositary Receipt.

Appears in 1 contract

Samples: Deposit Agreement (CBL & Associates Properties Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of the Stock are entitled to votevote or any solicitation of consents in respect of the Stock, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts as of the record date for such meeting Depositary Shares a notice which shall contain (i) such information as is contained in such notice of meeting, meeting or consent solicitation and (ii) a statement informing Record Holders of Depositary Shares that the holders may, subject to any applicable restrictions, they may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions SC1:4183686.3 may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record datedate established in accordance with Section 4.04, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by underlying the Depositary Shares evidenced by all Receipts as to which any particular voting or consent instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a ReceiptDepositary Share, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Depositary Shares) to the extent of the Stock represented by underlying the Depositary Shares evidenced by such ReceiptShares.

Appears in 1 contract

Samples: Deposit Agreement (Urban Edge Properties LP)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting entitled thereto a notice which that shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the such holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received, provided that the Depositary receives such instructions sufficiently in advance of such voting to enable it to so vote or cause to be voted. The Company hereby agrees to take all reasonable action which that may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will shall abstain from voting (but, in its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Arm Financial Group Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of shares of Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting Depositary Shares a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount number of shares of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts Depositary Shares on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum whole number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed as it deems necessary by the Depositary in order to enable the Depositary to vote such shares of Preferred Stock or cause such shares of Preferred Stock to be voted. In the absence of specific instructions from the holder of a ReceiptDepositary Shares, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such shares of Preferred Stock unless directed to the contrary by the holders of all the Depositary Shares) to the extent of the number of shares of Preferred Stock represented by the such Depositary Shares evidenced by such ReceiptShares.

Appears in 1 contract

Samples: Deposit Agreement (Xo Communications Inc)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject of record at the close of business on the specified record date fixed pursuant to any applicable restrictions, Section 4.04 will be entitled to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by (or portion thereof) underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders holder of Receipts on the relevant applicable record date, the Depositary shall use its best efforts endeavor, insofar as practicable, to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole votes relating to the shares of Stock represented by (or portion thereof) underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all necessary action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock (or portion thereof) or cause such Stock (or portion thereof) to be voted. In the absence of Absent specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by (or portion thereof) underlying the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Brooks Fiber Properties Inc)

Voting Rights. Upon receipt of notice of any meeting ------------- at which the holders of Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all reasonable action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Merrill Lynch Preferred Capital Trust V)

Voting Rights. Upon receipt of notice of any meeting at which the holders of Stock are entitled to vote, the Depositary shallwill, as soon as practicable thereafter, mail to the record holders of Receipts as of the record date for such meeting a notice which shall contain (i) such information as is contained in such notice of meeting, and (ii) a statement that the holders may, subject to any applicable restrictions, instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company), ) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of the holders of Receipts on the relevant record date, the Depositary shall use its best efforts will endeavor insofar as practicable to vote or cause to be voted, in accordance with the instructions set forth in such requests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. The Company hereby agrees to take all action which may be deemed necessary by the Depositary in order to enable the Depositary to vote such Stock or cause such Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Stock represented by the Depositary Shares evidenced by such Receipt.

Appears in 1 contract

Samples: Deposit Agreement (Fingerhut Companies Inc)

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