Common use of Termination of Voting Rights Clause in Contracts

Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisions, all of the rights of a Holder with respect to the Holder Votes exercisable in respect of the Exchangeable Shares held by such Holder, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Votes, will be deemed to be surrendered by the Holder to Merilus USA, and such Holder Votes and the Voting Rights represented thereby will cease immediately, on the delivery by such Holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder of the Exchange Put Right or the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of Merilus USA Common Stock, as specified in Article 5 hereof (unless in any case Merilus USA will not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders), or on the redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or on the effective date of the liquidation, dissolution or winding-up of Merilus Canada or any other distribution of the assets of Merilus Canada among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or on the purchase of Exchangeable Shares from the holder thereof by Merilus USA pursuant to the exercise by Merilus USA of the Retraction Call Right, the Redemption Call Right or the Liquidation Call Right.

Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisions, all of the rights of a Holder with respect to the Holder Votes exercisable in respect of the Exchangeable Shares held by such Holder, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Votes, will shall be deemed to be surrendered by the Holder to Merilus USAJaws US, and such Holder Votes and the Voting Rights represented thereby will shall cease immediately, on upon the delivery by such Holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder of the Exchange Put Right or the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of Merilus USA Jaws US Common Stock, as specified in Article 5 hereof (unless in any case Merilus USA will Jaws US shall not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders), or on upon the redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or on upon the effective date of the liquidation, dissolution or winding-up of Merilus Jaws Canada or any other distribution of the assets of Merilus Jaws Canada among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or on upon the purchase of Exchangeable Shares from the holder thereof by Merilus USA Jaws US pursuant to the exercise by Merilus USA Jaws US of the Retraction Call Right, the Redemption Call Right or the Liquidation Call Right.

Termination of Voting Rights. Except as otherwise provided herein or in the Exchangeable Share Provisions, all of the rights of a Holder Beneficiary with respect to the Holder Beneficiary Votes exercisable in respect of the Exchangeable Shares held by such HolderBeneficiary, including the right to instruct the Trustee as to the voting of or to vote personally such Holder Beneficiary Votes, will shall be deemed to be surrendered by the Holder Beneficiary to Merilus USAUS Gold or Alberta ULC, as the case may be, and such Holder Beneficiary Votes and the Voting Rights represented thereby will shall cease immediately, on immediately upon the delivery by such Holder holder to the Trustee of the certificates representing such Exchangeable Shares in connection with the exercise by the Holder Beneficiary of the Exchange Put Right or the Exchange Right or the occurrence of the automatic exchange of Exchangeable Shares for shares of Merilus USA US Gold Common Stock, as specified in Article 5 hereof (unless in any case Merilus USA will not have delivered the Exchangeable Share Consideration deliverable in exchange therefor to the Trustee for delivery to the Holders)hereof, or on upon the retraction or redemption of Exchangeable Shares pursuant to Article 6 or Article 7 of the Exchangeable Share Provisions, or on upon the effective date of the liquidation, dissolution or winding-up of Merilus Canada Canadian Exchange Co. or any other distribution of the assets of Merilus Canada Canadian Exchange Co. among its shareholders for the purpose of winding up its affairs pursuant to Article 5 of the Exchangeable Share Provisions, or on upon the purchase of Exchangeable Shares from the holder thereof by Merilus USA US Gold or Alberta ULC pursuant to the exercise by Merilus USA US Gold or Alberta ULC of the Retraction Call Right, the Redemption Call Right or the Liquidation Call RightRight (unless US Gold shall not have delivered the requisite US Gold Common Stock and cheque, if any, delivered in exchange therefor to the Trustee pending delivery to the Beneficiaries).