Common use of Successor Voting Trustee Clause in Contracts

Successor Voting Trustee. The Voting Trustee may resign at any time by giving written notice 30 days prior to the date of such resignation to the holders of the Voting Trust Certificates. The resigning Voting Trustee is hereby authorized to appoint a successor Voting Trustee, which shall be a direct or indirect wholly owned subsidiary of the resigning Voting Trustee with assets of not less than $500,000,000. Upon the acceptance in writing by a successor Voting Trustee of any appointment as Voting Trustee hereunder and the agreement in writing of such successor Voting Trustee to be bound by the obligations contained in this Agreement, (i) the retiring Voting Trustee shall give written notice to (a) the Corporation of its retirement, and direct that all notices due to it by virtue of its position as Voting Trustee should be sent to the successor Voting Trustee and (b) to the holders of the Voting Trust Certificates providing the name, address and contact person at the successor Voting Trustee, and (ii) such successor Voting Trustee shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Voting Trustee and such successor Voting Trustee shall deliver to the Corporation written notice of its acceptance of the position of Voting Trustee, and (iii) upon (but only upon) such acceptance, the retiring Voting Trustee shall be discharged from further responsibilities under this Agreement provided that the retiring Voting Trustee shall not be relieved of any liability incurred hereunder prior to such acceptance by its successor.

Appears in 1 contract

Sources: Voting Trust Agreement (Counsel Corp)

Successor Voting Trustee. The Voting Trustee may resign at any time by giving written notice 30 days prior to the date of such resignation to the holders of the Voting Trust Certificates. The resigning Voting Trustee is hereby authorized to appoint a successor Voting Trustee, which shall be a direct or indirect wholly owned subsidiary of the resigning Voting Trustee with assets of not less than $500,000,000. Upon the acceptance in writing by a successor Voting Trustee of any appointment as Voting Trustee hereunder and the agreement in writing of such successor Voting Trustee to be bound by the obligations contained in this Agreement, (i) the retiring Voting Trustee shall give written notice to (a) the Corporation of its retirement, and direct that all notices due to it by virtue of its position as Voting Trustee should be sent to the successor Voting Trustee and (b) to the holders of the Voting Trust Certificates Certificate providing the name, address and contact person at the successor Voting Trustee, and (ii) such successor Voting Trustee shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Voting Trustee and such successor Voting Trustee shall deliver to the Corporation written notice of its acceptance of the position of Voting Trustee, and (iii) upon (but only upon) such acceptance, the retiring Voting Trustee shall be discharged from further responsibilities under this Agreement provided that the retiring Voting Trustee shall not be relieved of any liability incurred hereunder prior to such acceptance by its successor.

Appears in 1 contract

Sources: Voting Trust Agreement (Bergen Brunswig Corp)

Successor Voting Trustee. The Voting Trustee may resign at any time by giving written notice 30 days prior to the date of such resignation to the holders of the Voting Trust Certificates. The resigning Voting Trustee is hereby authorized to to, and shall, appoint a successor Voting Trustee, which such successor Voting Trustee shall be a direct or indirect wholly owned subsidiary required to vote all shares of the resigning Voting Trustee with assets of not less than $500,000,000Trust Stock as directed by Xmark Asset Management, LLC. Upon the acceptance in writing by a successor Voting Trustee of any appointment as Voting Trustee hereunder and the agreement in writing of such successor Voting Trustee to be bound by the obligations contained in this Agreement, (i) the retiring Voting Trustee shall give written notice to (a) the Corporation Company of its retirement, and direct that all notices due to it by virtue of its position as Voting Trustee should be sent to the successor Voting Trustee and (b) to the holders of the Voting Trust Certificates Certificate providing the name, address and contact person at the successor Voting Trustee, and (ii) such successor Voting Trustee shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Voting Trustee and such successor Voting Trustee shall deliver to the Corporation Company written notice of its acceptance of the position of Voting Trustee, and (iii) upon (but only upon) such acceptance, the retiring Voting Trustee shall be discharged from further responsibilities under this Agreement provided that the retiring Voting Trustee shall not be relieved of any liability incurred hereunder prior to such acceptance by its successorAgreement.

Appears in 1 contract

Sources: Voting Trust Agreement (Xmark Asset Management LLC)