Common use of Voting of Shares by Certain Holders Clause in Contracts

Voting of Shares by Certain Holders. Shares of the Corporation registered in the name of a corporation, partnership, trust or other entity, if entitled to be voted, may be voted by the president or a vice president, a general partner or director thereof, as the case may be, or a proxy appointed by any of the foregoing individuals, unless some other person who has been appointed to vote such shares pursuant to a bylaw or a resolution of the governing body of such corporation or other entity or agreement of the partners of a partnership presents a certified copy of such bylaw, resolution or agreement, in which case such person may vote such share. Any fiduciary may vote a share registered in his or her name as such fiduciary, either in person or by proxy. Shares of the Corporation directly or indirectly owned by it shall not be voted at any meeting and shall not be counted in determining the total number of outstanding shares entitled to be voted at any given time, unless they are held by it in a fiduciary capacity, in which case they may be voted and shall be counted in determining the total number of outstanding shares at any given time. The Board may adopt by resolution a procedure by which a stockholder may certify in writing to the Corporation that any shares registered in the name of the stockholder are held for the account of a specified person other than the stockholder. The resolution shall set forth the class of stockholders who may make the certification, the purpose for which the certification may be made, the form of certification and the information to be contained in it; if the certification is with respect to a record date or closing of the share transfer books, the time after the record date or closing of the share transfer books within which the certification must be received by the Corporation; and any other provisions with respect to the procedure which the Board considers necessary or desirable. On receipt of such certification, the person specified in the certification shall be regarded as, for the purposes set forth in the certification, the stockholder of record of the specified share in place of the stockholder who makes the certification.

Voting of Shares by Certain Holders. Shares of the Corporation registered in the name of a corporation, partnership, trust or other entity, if entitled to be voted, may be voted by the president or a vice president, a general partner or director trustee thereof, as the case may be, or a proxy appointed by any of the foregoing individuals, unless some other person Person who has been appointed to vote such shares Shares pursuant to a bylaw or a resolution of the governing body of such corporation or other entity or agreement of the partners of a partnership presents a certified copy of such bylaw, resolution or agreement, in which case such person Person may vote such shareShares. Any Director or other fiduciary may vote a share Shares registered in his or her name as such fiduciary, either in person or by proxy. Shares of the Corporation Company directly or indirectly owned by it shall not be voted at any meeting and shall not be counted in determining the total number of outstanding shares Outstanding Shares entitled to be voted at any given time, unless they are held by it in a fiduciary capacity, in which case they may be voted and shall be counted in determining the total number of outstanding shares Outstanding Shares at any given time. The Board of Directors may adopt by resolution a procedure by which a stockholder Member may certify in writing to the Corporation Company that any shares Shares registered in the name of the stockholder Member are held for the account of a specified person Person other than the stockholderMember. The resolution shall set forth the class of stockholders Members who may make the certification, the purpose for which the certification may be made, the form of certification and the information to be contained in it; if the certification is with respect to a record date or closing of the share Shares transfer books, the time after the record date or closing of the share Shares transfer books within which the certification must be received by the CorporationCompany; and any other provisions with respect to the procedure which the Board of Directors considers necessary or desirable. On receipt of such certification, the person Person specified in the certification shall be regarded as, for the purposes set forth in the certification, the stockholder of record of Record Holder the specified share Shares in place of the stockholder Member who makes the certification.

Voting of Shares by Certain Holders. Shares of the Corporation Trust registered in the name of a corporation, partnership, trust or other entity, if entitled to be voted, may be voted by the president or a vice president, a general partner or director trustee thereof, as the case may be, or a proxy appointed by any of the foregoing individuals, unless some other person who has been appointed to vote such shares pursuant to a bylaw or a resolution of the governing body board of such corporation or a comparable governing body of such other entity or agreement of the partners of a the partnership presents a certified copy of such bylaw, resolution or agreement, in which case such person may vote such shareshares. Any trustee or other fiduciary may vote a share shares registered in his or her name as such fiduciary, either in person or by proxy. Shares of the Corporation Trust directly or indirectly owned by it shall not be voted at any meeting and shall not be counted in determining the total number of outstanding shares entitled to be voted at any given time, unless they are held by it in a fiduciary capacity, in which case they may be voted and shall be counted in determining the total number of outstanding shares at any given time. The Board Trustees may adopt by resolution a procedure by which a stockholder shareholder may certify in writing to the Corporation Trust that any shares registered in the name of the stockholder shareholder are held for the account of a specified person other than the stockholdershareholder. The resolution shall set forth the class of stockholders shareholders who may make the certification, the purpose for which the certification may be made, the form of certification and the information to be contained in it; if the certification is with respect to a record date or closing of the share transfer books, the time after the record date or closing of the share transfer books within which the certification must be received by the CorporationTrust; and any other provisions with respect to the procedure which the Board considers Trustees consider necessary or desirable. On receipt of such certification, the person specified in the certification shall be regarded as, for the purposes set forth in the certification, the stockholder shareholder of record of the specified share shares in place of the stockholder shareholder who makes the certification. Notwithstanding any other provision contained herein or in the Declaration of Trust or these Bylaws, Title 3, Subtitle 7 of the Corporations and Associations Article of the Annotated Code of Maryland (or any successor statute) shall not apply to any acquisition by any person of shares of beneficial interest of the Trust. This section may be repealed, in whole or in part, at any time, whether before or after an acquisition of control shares and, upon such repeal, may, to the extent provided by any successor bylaw, apply to any prior or subsequent control share acquisition.

Voting of Shares by Certain Holders. Shares of beneficial interest of the Corporation Trust registered in the name of a corporation, limited liability company, partnership, joint venture, trust or other entity, if entitled to be voted, may be voted by the president or a vice president, a managing member, manager, general partner or director trustee thereof, as the case may be, or a proxy appointed by any of the foregoing individuals, unless some other person who has been appointed to vote such shares pursuant to a bylaw or a resolution of the governing body of such corporation or other entity or agreement of the partners of a partnership presents a certified copy of such bylaw, resolution or agreement, in which case such person may vote such shareshares. Any fiduciary trustee or fiduciary, in such capacity, may vote a share shares of beneficial interest registered in his such trustee’s or her name as such fiduciary’s name, either in person or by proxy. Shares of beneficial interest of the Corporation Trust directly or indirectly owned by it shall not be voted at any meeting and shall not be counted in determining the total number of outstanding shares entitled to be voted at any given time, unless they are held by it in a fiduciary capacity, in which case they may be voted and shall be counted in determining the total number of outstanding shares at any given time. The Board of Trustees may adopt by resolution a procedure by which a stockholder shareholder may certify in writing to the Corporation Trust that any shares of beneficial interest registered in the name of the stockholder shareholder are held for the account of a specified person other than the stockholdershareholder. The resolution shall set forth the class of stockholders shareholders who may make the certification, the purpose for which the certification may be made, the form of certification and the information to be contained in it; if the certification is with respect to a record date or closing of the share transfer booksdate, the time after the record date or closing of the share transfer books within which the certification must be received by the CorporationTrust; and any other provisions with respect to the procedure which the Board of Trustees considers necessary or desirable. On receipt by the Trust of such certification, the person specified in the certification shall be regarded as, for the purposes set forth in the certification, the stockholder holder of record of the specified share shares of beneficial interest in place of the stockholder shareholder who makes the certification.

Voting of Shares by Certain Holders. Shares of the Corporation registered in the name of a corporation, partnership, trust or other entity, if entitled to be voted, may be voted by the president or a vice president, a general partner or director trustee thereof, as the case may be, or a proxy appointed by any of the foregoing individuals, unless some other person who has been appointed to vote such shares pursuant to a bylaw or a resolution of the governing body board of directors of such corporation or other entity or agreement of the partners of a partnership or other entity presents a certified copy of such bylaw, resolution or agreement, in which case such person may vote such shareshares. Any trustee or other fiduciary may vote a share shares registered in his or her name as such fiduciary, either in person or by proxy. Shares of the Corporation Trust directly or indirectly owned by it shall not be voted at any meeting and shall not be counted in determining the total number of outstanding shares entitled to be voted at any given time, unless they are held by it in a fiduciary capacity, in which case they may be voted and shall be counted in determining the total number of outstanding shares at any given time. The Board Trustees may adopt by resolution a procedure by which a stockholder shareholder may certify in writing to the Corporation Trust that any shares registered in the name of the stockholder shareholder are held for the account of a specified person other than the stockholdershareholder. The resolution shall set forth the class of stockholders shareholders who may make the certification, the purpose for which the certification may be made, the form of certification and the information to be contained in it; if the certification is with respect to a record date or closing of the share transfer books, the time after the record date or closing of the share transfer books within which the certification must be received by the CorporationTrust; and any other provisions with respect to the procedure which the Board considers Trustees consider necessary or desirable. On desirable on receipt of such certification, the person specified in the certification shall be regarded as, for the purposes set forth in the certification, the stockholder shareholder of record of the specified share shares in place of the stockholder shareholder who makes the certification. Notwithstanding any other provision contained herein or in the Declaration of Trust, as amended, or these Bylaws, Title 3, Subtitle 7 of the Corporations and Associations Article of the Annotated Code of Maryland (or any successor statute) shall not apply to any acquisition by any person of shares of beneficial interest of the Trust.