Common use of Non-Voting Clause in Contracts

Non-Voting. 2.1 Ancrane undertakes with effect from the date of this Deed that it will not attend or vote at any of the Scheme Meetings or use any other rights or powers available to it as a Corp Scheme Creditor, as a plc Scheme Creditor or as a Bondholder to attend or vote at any of the Scheme Meetings and shall not take any steps to canvass, solicit or entice any other person, firm or company to attend and/or vote on its behalf at any of the Scheme Meetings at which it is entitled to attend and vote. 2.2 Ancrane agrees to support the Financial Restructuring and give full force and effect to the Schemes and undertakes that it will not take any action to hinder, frustrate, delay or oppose either of the Schemes or make any application to the courts of any jurisdiction in order to seek to challenge either of the Schemes. 2.3 For the avoidance of doubt, nothing in subclauses 2.1 and/or 2.2 shall prevent Ancrane: (a) in its capacity as a Corp Scheme Creditor, from submitting a Claim Form in respect of its Scheme Claim or Scheme Claims under the Corp Scheme; or (b) in its capacity as a plc Scheme Creditor from submitting a Claim Form in respect of its Scheme Claim or Scheme Claims under the plc Scheme. 2.4 Ancrane agrees that it shall as soon as possible and in any event on or before 17th April, 2003 submit duly completed Claim Form or Claim Forms (as applicable) in respect of all of its Scheme Claims as it may have against plc and Corp. 2.5 Corp undertakes with effect from the date of this Deed that it will not attend or vote at any of the plc Scheme Meetings or use any other rights or powers available to it as a plc Scheme Creditor to attend or vote at the plc Scheme Meeting and shall not (except for the despatch of the Scheme Document) take any steps to canvass, solicit or entice any other person, firm or company to attend and/or vote on its behalf at the plc Scheme Meeting at which it is entitled to attend and vote provided that nothing in this subclause shall prevent Corp in its capacity as a plc Scheme Creditor from submitting a Claim Form in respect of its Scheme Claim under the plc Scheme. 2.6 Corp agrees that it shall as soon as possible and in any event on or before 17th April, 2003 submit a duly completed Claim Form in respect of its Scheme Claim against plc. 2.7 plc undertakes with effect from the date of this Deed that it will not attend or vote at the Corp Scheme Meeting or use any other rights or powers available to it as a Corp Scheme Creditor to attend or vote at the Corp Scheme Meeting and shall not (except for the despatch of the Scheme Document) take any steps to canvass, solicit or entice any other person, firm or company to attend and/or vote on its behalf at the Corp Scheme Meeting at which it is entitled to attend and vote provided that nothing in this subclause shall prevent plc in its capacity as a Corp Scheme Creditor from submitting a Claim Form in respect of its Scheme Claim under the Corp Scheme. 2.8 Each of Mariposa, SMS, Metapath and BSB undertakes with effect from the date of this Deed that it will not attend or vote at any of the Scheme Meetings or use any other rights or powers available to it as a Corp Scheme Creditor or as a plc Scheme Creditor to attend or vote at any of the Scheme Meetings and shall not take any steps to canvass, solicit or entice any other person, firm or company to attend and/or vote on its behalf at any of the Scheme Meetings at which it is entitled to attend and vote.