Voting Instructions for Underlying Securities Sample Clauses
The "Voting Instructions for Underlying Securities" clause defines how voting rights attached to securities held on behalf of an investor are exercised. Typically, this clause outlines the process by which the investor communicates their voting preferences to the custodian or intermediary, who then votes on their behalf at shareholder meetings. For example, it may specify deadlines for submitting instructions or detail what happens if no instructions are received. The core function of this clause is to ensure that investors retain control over their voting rights while clarifying the responsibilities and procedures for intermediaries, thereby preventing confusion or disputes regarding the exercise of such rights.
Voting Instructions for Underlying Securities. Upon --------------------------------------------- receipt by the Trustee or its appointed agent of notice of any meeting of, or solicitation of proxies from, holders of Underlying Securities, the Trustee shall, to the extent lawful, mail to the Owners a notice, the form of which notice shall be in the sole discretion of the Trustee, which shall contain (a) such information as is contained in such notice of meeting or solicitation, and (b) a statement that the Owners as of the close of business on a specified record date will be entitled, subject to applicable law and the provisions of the corporate documents of the Securities Issuer, to instruct the Trustee as to the exercise of the voting rights, if any, or giving of proxies, as applicable, in respect of the amount of Underlying Securities represented by their respective Receipts and (c) a statement as to the manner in which such instructions may be given. Upon the written request of an Owner of a Receipt on such record date, received on or before the date established by the Trustee for such purpose, the Trustee shall endeavor, insofar as practicable, to vote or cause to be voted, or to give a proxy, as applicable, in respect of the amount of Underlying Securities represented by such Receipt in accordance with the instructions set forth in such request. The Trustee shall not vote or attempt to exercise the right to vote that attaches to, or give a proxy with respect to, Underlying Securities other than in accordance with such instructions.
Voting Instructions for Underlying Securities. 7.2.1. Upon receipt by the Depositary or its appointed agent of notice of any meeting of, or solicitation of proxies from, holders of Underlying Securities, the Depositary will, to the extent lawful, mail or cause to be mailed to the Owners (a) such information as is contained in such notice of meeting or solicitation and (b) materials that enable the Owners as of the close of business on a specified record date, subject to applicable Laws and the provisions of the corporate documents of the Securities Issuer, to instruct the Depositary as to the exercise of the voting rights, if any, or giving of proxies, as applicable, in respect of the amount of Underlying Securities represented by their respective Receipts.
7.2.2. Upon the Order of an Owner of a Receipt, received on or before a date established by the Depositary for such purpose, the Depositary will endeavour, insofar as feasible, to (i) vote or cause to be voted, or to give a proxy, as applicable, in respect of, the amount of Underlying Securities represented by such Receipt in accordance with the instructions set forth in such request or (ii) upon the request of an Owner, provide that Owner (or a person designated by that Owner) with documentation necessary to attend that meeting of the holders of Underlying Securities and vote any number of those Underlying Securities requested by that Owner that does not exceed the number of those Underlying Securities represented by that Owner's Receipts and as to which that Owner has not given voting instructions to the Depositary. The Depositary will aggregate the votes of all fractional interests in Underlying Securities represented by the Receipts and will endeavour to vote the largest possible number of whole shares of Underlying Securities. The Depositary will not vote or attempt to exercise the right to vote that attaches to, or give a proxy with respect to, Underlying Securities other than in accordance with such instructions. Notwithstanding anything herein to the contrary, the Depositary will not be required to vote any fractional remainder on the aggregate Underlying Securities voted pursuant to this Section 7.2.2.