Entitlement to Vote. 4.2.1 DFNG Law shall provide that every person who:
Entitlement to Vote. Any person who is a holder of an outstanding Security on the record date for a proposal and/or proposed modification, and any person duly appointed as a proxy by a holder of an outstanding Security on the record date for a proposal and/or proposed modification, will be entitled to vote on the proposal and/or proposed modification at a meeting of Holders and to sign a written resolution with respect to the proposal and/or proposed modification.
Entitlement to Vote. The following persons, aged 17 years or above, shall be eligible to vote in the popular consultation:
Entitlement to Vote. (a) At a general meeting, each member has 1 vote, both on a show of hands and a poll.
Entitlement to Vote. Subject to the provisions of Standing Order 25, every member present and eligible to vote shall be entitled to one vote. Full and MJDF members, , Fellows and retired members from those categories are entitled to vote.
Entitlement to Vote. Any person who is a holder of an outstanding Note on the Record Date for a proposed modification, and any person duly appointed as a proxy or representative by a holder of an outstanding Note on the Record Date for a proposed modification, will be entitled to vote on the proposed modification at a quorate meeting of Noteholders and to sign a written resolution with respect to the proposed modification.
Entitlement to Vote. On a show of hands every Noteholder who is present in person shall have one vote. On a poll votes may be given personally or by proxy and every Noteholder who is present in person or by proxy shall have one vote for every (pound)1.00 in nominal amount of the Notes of which he is the holder. A person entitled to more than one vote need not use all his votes or cast all the votes he uses in the same way.
Entitlement to Vote. 15.1 Number of votes Subject to section 250A(4), rules 13.6, 14, 15.2 and 15.3 and terms on which shares are issued, a member:
Entitlement to Vote. Notwithstanding anything to the contrary herein contained, if an Event of Default occurs with respect to any Shareholder (the “Defaulting Shareholder”), from and after the occurrence of such Event of Default, the Defaulting Shareholder shall not be entitled to vote its Shares or to notice of meetings of Shareholders and, where a vote of the Shareholders is required, the other Shareholders who are not Defaulting Shareholders shall be deemed to own all of the Shares of the Corporation, provided that if such Event of Default is subsequently remedied, such Defaulting Shareholder shall again be entitled to vote its Shares and to notice of meetings of Shareholders. In addition, the Defaulting Shareholder hereby irrevocably gives its proxy to the Chief Executive Officer of the Corporation (or failing him, any other officer of the Corporation designated by it) to vote its Shares in any matter that he shall determine and hereby appoints the Chief Executive Officer of the Corporation (or failing him, any other officer of the Corporation designated by it) as its attorney in accordance with the Substitute Decisions Act (Ontario) to execute all necessary documents on behalf of the Defaulting Shareholder to give effect to such proxy.
Entitlement to Vote. As discussed in further detail below, pursuant to the Plan: ● Holders of Claims in Class 3 are impaired and will receive distributions under the Plan on account of such Claims. As a result, Holders of Claims in such Class are entitled to vote to accept or reject the Plan; ● Holders of Claims and Intercompany Claims in Classes 1, 2, 4, and 5, as applicable, are unimpaired. As a result, Holders of Claims and Intercompany Claims in those Classes are deemed to have accepted the Plan and are not entitled to vote to accept or reject the Plan. ● Holders of Equity Interests in Class 6 are impaired, are not entitled to receive or retain any property on account of such Equity Interests, and are deemed to have rejected the Plan. As a result, Holders of Equity Interests in Class 6 are not entitled to vote to accept or reject the Plan. The Bankruptcy Code defines “acceptance” of a plan by a class of claims as acceptance by creditors in that class that hold at least two-thirds in dollar amount and more than one-half in number of the claims actually voted to accept or reject the plan. Your vote on the Plan is important. The Bankruptcy Code requires as a condition to confirmation of a plan of reorganization that each class that is impaired and entitled to vote under a plan votes to accept such plan, unless the plan is being confirmed under the “cram down” provisions of section 1129(b) of the Bankruptcy Code. Section 1129(b) permits confirmation of a plan of reorganization notwithstanding the non-acceptance of the plan by one or more impaired classes of claims or equity interests, so long as at least one impaired class of claims or interests votes to accept a proposed plan. Under that section, a plan may be confirmed by a bankruptcy court if it does not “discriminate unfairly” and is “fair and equitable” with respect to each non-accepting class. The Debtor intends to pursue a “cram down” of the Holders of Equity Interests in Class 6, who are deemed to have rejected the Plan.
