Examples of ACCO Common Stock in a sentence
This information will include the names and current addresses of Participants, former Participants and Beneficiaries and the number of shares of ACCO Common Stock credited to the accounts of each of them, upon which the Trustee may conclusively rely.
The Trustee will combine fractional interests of Participants, former Participants and Beneficiaries in shares of ACCO Common Stock held in the ACCO Stock Fund to the extent possible so that the voting rights with respect to such matter are exercised in a manner which reflects as accurately as possible the collective directions given by Participants, former Participants and Beneficiaries.
If, prior to the sale of the rights by the Trustee to ACCO, ACCO determines to exchange the rights for shares of ACCO Common Stock, the Trustee will surrender the rights that it holds in exchange for shares of ACCO Common Stock.
Except to the extent otherwise specified in such opinion, order or decree, the Trustee will have no discretion or authority in such circumstances to exercise voting rights with respect to shares of ACCO Common Stock held in the ACCO Stock Fund, but will exercise such voting rights in accordance with the most recent dated timely directions received from Participants, former Participants and Beneficiaries to the extent such directions have not been invalidated.
With respect to the voting rights of shares of ACCO Common Stock held in the ACCO Stock Fund as to which timely directions have not been received by the Trustee as provided in the preceding sentence, the Trustee will exercise the voting rights of such shares in the same manner and in the same proportion in which the voting rights of shares as to which such directions were received by the Trustee are to be exercised as provided in the preceding sentence.
For purposes of this Section 5.08, a “tender offer” will mean any tender or exchange offer for or request or invitation for tenders or exchanges of shares of ACCO Common Stock and will include, without limitation, any such tender offer made by or on behalf of ACCO.
The Investment Managers will have the sole authority to exercise the right to vote proxies with respect to any securities held in the Trust, except as otherwise provided in Section 5.15 and except for proxies with respect to ACCO Common Stock held in the ACCO Stock Fund, Fortune Common Stock held in the Fortune Stock Fund and Gallaher ADRs held in the Gallaher Fund.
Notwithstanding any other provision of the Plan or the Trust Agreement to the contrary, the Trustee will have no discretion or authority to tender, deposit, sell, exchange or transfer any shares of ACCO Common Stock (which, for purposes of this Section 5.08, will include any rights within the meaning of Section 5.09(a)) held in the ACCO Stock Fund pursuant to any tender offer (as defined herein) except as provided in this Section 5.08.
Except to the extent otherwise specified in such opinion, order or decree, the Trustee will have no discretion or authority in such circumstances to provide exercise voting rights with respect to ACCO Common Stock held in the ACCO Stock Fund, but will exercise such voting rights in accordance with the most recent timely directions received from Participants, former Participants and Beneficiaries to the extent such directions have not been invalidated.
Upon any distribution from the ACCO Stock Fund as a single distribution pursuant to Section 8.01(a)(2), all whole shares of ACCO Common Stock distributable therefrom will be registered in the name of the distributee and delivered to him together with any cash from the ACCO Stock Fund to which the distributee is entitled.