Common use of Participant Direction Clause in Contracts

Participant Direction. Each Participant in the Plans shall be entitled to direct the Trustee in writing or by such other means as agreed to by the Trustee and Fortune, and the Trustee shall solicit the direction of such Participant, as to the manner in which any voting rights of shares attributable to the Participant's proportional interest in the Fortune Stock Fund (vested or unvested) are to be exercised with respect to any matter on which holders of Fortune Common Stock are entitled to vote by proxy, consent or otherwise, and the Trustee shall exercise the voting rights of such shares with respect to such matter in accordance with the most recent timely direction received by the Trustee from such Participant. With respect to the voting rights of shares of Fortune Common Stock held in the Fortune Stock Fund as to which timely directions have not been received by the Trustee as provided in the preceding sentence and any shares of Fortune Common Stock representing the proportional interest in the Fortune Stock Fund which are unallocated to accounts of Participants, the Trustee shall exercise the voting rights of such shares in the same manner and in the same proportion in which the voting rights of shares as to which such directions were received by the Trustee are to be exercised as provided in the preceding sentence. The Trustee shall combine fractional interests of Participants in shares of Fortune Common Stock held in the Fortune Stock Fund to the extent possible so that the voting rights with respect to such matter are exercised in a manner which reflects as accurately as possible the collective directions given by Participants. In giving directions to the Trustee as provided herein, each Participant shall be acting as a named fiduciary with respect to the exercise of voting rights of shares of Fortune Common Stock in accordance with such directions.

Participant Direction. Each Participant in the Plans shall will be entitled to direct the Trustee in writing writing, or by such other means as agreed to by Fortune and the Trustee and FortuneTrustee, and the Trustee shall will solicit the direction of such Participant, Participant as to the manner in which any voting rights of shares the Gallaher ADR depositary should be instructed to vote the Gallaher shaxxx xxxxrlying the Gallaher ADRs attributable to the Participant's proportional his propxxxxxxxxe interest in the Fortune Stock Fund (vested or unvested) are to Gallaxxx Xxxx. The Trustee will instruct the Gallaher ADR depositary xxxx xxxh Gallaher ADRs be exercised voted with respect to any matter on which holders of Fortune Common Stock are entitled to vote by proxy, consent or otherwise, and the Trustee shall exercise the voting rights of such shares with respect to such xx xxx matter in accordance with the most xxx xxxx recent timely direction received by the Trustee from such Participant. With respect to the voting rights of shares of Fortune Common Stock Gallaher ADRs held in the Fortune Stock Gallaher Fund as to which timely directions have not xxxx xxt been received by the Trustee as provided in the preceding sentence and any shares of Fortune Common Stock representing the proportional interest in the Fortune Stock Fund which are unallocated to accounts of Participantsxxx Xxxstee, the Trustee shall exercise will instruct the voting rights of such Gallaher ADR depositary to vote the Gallaher shares underlying the Gaxxxxxx XDRs in the same manner and in the same ix xxx xxme proportion in which the voting rights of shares xxx Xxxxaher ADRs as to which such directions were timely received by the Trustee Xxxxxxx are to be exercised as provided in the preceding sentencevoted. The Trustee shall will combine fractional interests of Participants in shares of Fortune Common Stock Gallaher ADRs held in the Fortune Stock Gallaher Fund to the extent possible so that the voting rights thax xxx xxting instructions xx xxx Xallaher ADR depositary with respect to such matter are exercised provided in a manner xxxxxx which reflects as accurately as possible the collective directions given by Participants. In giving directions to the Trustee as provided hereinin this Section 6(b), each Participant shall will be acting as a named fiduciary with respect to the exercise of voting rights of shares of Fortune Common Stock Gallaher ADRs in accordance with such directionsdirections pursuant to this Secxxxx 0(x).