Common use of AMENDMENT AND APPROVAL Clause in Contracts

AMENDMENT AND APPROVAL. Section 9.1 The rights, privileges, restrictions and conditions attaching to the CN Exchangeable Shares may be added to, changed or removed but only with the approval of the holders of the CN Exchangeable Shares given as hereinafter specified. Section 9.2 In addition to any other approval required by the CBCA or other applicable law, any approval given by the holders of the CN Exchangeable Shares to add to, change or remove any right, privilege, restriction or condition attaching to the CN Exchangeable Shares or any other matter requiring the approval or consent of the holders of the CN Exchangeable Shares shall be deemed to have been sufficiently given if it shall have been given in accordance with applicable law subject to a minimum requirement that such approval be evidenced by resolution passed by not less than two-thirds of the votes cast on such resolution (excluding any votes cast on such resolution in respect of CN Exchangeable Shares held by or on behalf of CN, Newco, [NAR Subco] or any of their respective Affiliates) at a meeting of holders of CN Exchangeable Shares duly called and held in accordance with the By-laws of the Corporation.

Appears in 1 contract

Sources: Combination Agreement (Burlington Northern Santa Fe Corp)

AMENDMENT AND APPROVAL. Section 9.1 The rights, privileges, restrictions and conditions attaching to the CN Exchangeable Shares may be added to, changed or removed but only with the approval of the holders of the CN Exchangeable Shares given as hereinafter specified. Section 9.2 In addition to any other approval required by the CBCA or other applicable law, any approval given by the holders of the CN Exchangeable Shares to add to, change or remove any right, privilege, restriction or condition attaching to the CN Exchangeable Shares or any other matter requiring the approval or consent of the holders of the CN Exchangeable Shares shall be deemed to have been sufficiently given if it shall have been given in accordance with applicable law subject to a minimum requirement that such approval be evidenced by resolution passed by not less than two-thirds of the votes cast on such resolution (excluding any votes cast on such resolution in respect of CN Exchangeable Shares held by or on behalf of CN, Newco, [NAR Subco] Subco or any of their respective Affiliates) at a meeting of holders of CN Exchangeable Shares duly called and held in accordance with the By-laws of the Corporation.

Appears in 1 contract

Sources: Combination Agreement (Burlington Northern Santa Fe Corp)