Common use of Vesting of Powers in Successor Clause in Contracts

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 have been duly observed and performed, the Trustee, Acquiror Successor and ExchangeCo shall, if required by Section 10.1, execute and deliver the supplemental trust agreement provided for in Article 11 and thereupon Acquiror Successor shall possess and from time to time may exercise each and every right and power of Acquiror under this Agreement in the name of Acquiror or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors of Acquiror or any officers of Acquiror may be done and performed with like force and effect by the directors or officers of such Acquiror Successor.

Appears in 4 contracts

Samples: Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (Magnum Hunter Resources Corp), Voting and Exchange Trust Agreement (Gran Tierra Energy, Inc.)

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Vesting of Powers in Successor. Whenever the conditions of Section 10.1 have been duly observed and performed, the Trustee, Acquiror Successor and ExchangeCo the Corporation shall, if required by Section 10.1, execute and deliver the supplemental trust agreement provided for in Article 11 and thereupon Acquiror Successor shall possess and from time to time may exercise each and every right and power of Acquiror under this Agreement in the name of Acquiror or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors of Acquiror or any officers of Acquiror may be done and performed with like force and effect by the directors or officers of such Acquiror Successor.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Surge Global Energy, Inc.), Stock Purchase Agreement (Surge Global Energy, Inc.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 have been duly observed and performed, the Trustee, Acquiror Acquirer Successor and ExchangeCo Canco shall, if required by Section 10.1, execute and deliver the supplemental trust agreement provided for in Article 11 and thereupon Acquiror Acquirer Successor shall possess and from time to time may exercise each and every right and power of Acquiror Acquirer under this Agreement in the name of Acquiror Acquirer or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors of Acquiror Acquirer or any officers of Acquiror Acquirer may be done and performed with like force and effect by the directors or officers of such Acquiror Acquirer Successor.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Canwest Petroleum Corp)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 have been duly observed and performed, the Trustee, Acquiror FCE Successor and ExchangeCo shall, if required by Section 10.1, execute and deliver the supplemental trust agreement provided for in Article 11 and thereupon Acquiror FCE Successor shall possess and from time to time may exercise each and every right and power of Acquiror FCE under this Agreement in the name of Acquiror FCE or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors of Acquiror FCE or any officers of Acquiror FCE may be done and performed with like force and effect by the directors or officers of such Acquiror FCE Successor.

Appears in 1 contract

Samples: Combination Agreement (Fuelcell Energy Inc)

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Vesting of Powers in Successor. Whenever the conditions of Section section 10.1 hereof have been duly observed and performed, the Trustee, Acquiror if required, by section 10.1 hereof, Applied Successor and ExchangeCo shall, if required by Section 10.1, the Corporation shall execute and deliver the supplemental trust agreement provided for in Article 11 hereof and thereupon Acquiror Applied Successor shall possess and from time to time may exercise each and every right and power of Acquiror Applied under this Agreement in the name of Acquiror Applied or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board board of Directors directors of Acquiror Applied or any officers of Acquiror Applied may be done and performed with like force and effect by the directors or officers of such Acquiror Applied Successor.

Appears in 1 contract

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

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 have been duly observed and performed, the Trustee, Acquiror Successor and ExchangeCo Exchangeco shall, if required by Section 10.1, execute and deliver the supplemental trust agreement provided for in Article 11 and thereupon Acquiror Successor shall possess and from time to time may exercise each and every right and power of Acquiror under this Agreement in the name of Acquiror or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the Board of Directors of Acquiror or any officers of Acquiror may be done and performed with like force and effect by the directors or officers of such Acquiror Successor.

Appears in 1 contract

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

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