Common use of Conflicting Claims Clause in Contracts

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 14 contracts

Samples: Voting and Exchange Trust Agreement (Dialog Group Inc), Voting and Exchange Trust Agreement (Dialog Group Inc), Voting and Exchange Trust Agreement (Cubist Pharmaceuticals Inc)

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Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 13 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.), Transaction Agreement (Weyerhaeuser Co)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 11 contracts

Samples: Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (Magnum Hunter Resources Corp)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any portion of the Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 8 contracts

Samples: Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (Quinko-Tek International, Inc.)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 6 contracts

Samples: Trust Agreement, Voting and Exchange Trust Agreement (Future Energy Corp.), Agreement (Future Energy Corp.)

Conflicting Claims. (1) If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at in its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Automatic Exchange Right or Automatic Exchange Rights Right subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 5 contracts

Samples: Voting and Exchange Trust Agreement (United Royale Holdings Corp.), Arrangement Agreement (Torchlight Energy Resources Inc), Voting and Exchange Trust Agreement (Royal Gold Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 4 contracts

Samples: Voting and Exchange Trust Agreement (Stifel Financial Corp), Form of Voting and Exchange Trust Agreement (Counterpath Solutions, Inc.), Voting and Exchange Trust Agreement (Thomas Weisel Partners Group, Inc.)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee Agent shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee Agent may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee Agent shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee Agent shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 4 contracts

Samples: Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Apta Holdings Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 3 contracts

Samples: Voting and Exchange Trust Agreement (Learning Co Inc), Voting and Exchange Trust Agreement (Silicon Graphics Inc /Ca/), Voting and Exchange Trust Agreement (Backweb Technologies LTD)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights Right subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Shire PLC), Merger Agreement (Shire Pharmaceuticals Group PLC)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 2 contracts

Samples: Exchange Trust Agreement (Lululemon Athletica Inc.), Exchange Trust Agreement (Lululemon Athletica Inc.)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 2 contracts

Samples: Memorandum of Agreement (Bowater Inc), Voting and Exchange Trust Agreement (AbitibiBowater Inc.)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting RightsExchange Put Right, Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 2 contracts

Samples: Exchange Trust Agreement, Exchange Trust Agreement (Accenture LTD)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Applied Cellular Technology Inc), Voting and Exchange Trust Agreement (Applied Cellular Technology Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted ------------------ with respect to any interest of any Holder in any Exchangeable Shares, including any disagreement between the heirs, representatives, representatives successors or assigns succeeding to all or any part of the interest of any Holder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Sonic Environmental Systems Inc)

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Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Photon Dynamics Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect shall not to exercise any Voting Rights, Exchange Put Right, Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Jag Media Holdings Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Class A Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Class A Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right or Automatic Exchange Rights Right subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Exchange Trust Agreement (Polar Wireless Corp.)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Shareholder in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Shareholder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Insolvency Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, and in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Exchange and Voting Agreement (Internet Food Co Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at a its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Servicesoft Technologies Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, the Exchange Right or any Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Arrangement Agreement (Redback Networks Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall will be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall will not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall will be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Voting and Exchange Agreement (Apple Orthodontix Inc)

Conflicting Claims. (1) If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Trustee may elect not to exercise any Voting Rights, Insolvency Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:

Appears in 1 contract

Samples: Exchange Trust Agreement (Daleen Technologies Inc)

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Exchangeable Shares Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Trustee may elect not to exercise any Voting Rights, Exchange Right Rights or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Trustee shall not be or become liable to any person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Trustee shall be entitled to continue to refrain from acting and to refuse to act until:or

Appears in 1 contract

Samples: Exchange Trust Agreement (Lululemon Corp.)

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