VARIATION OF CLASS RIGHTS Sample Clauses

VARIATION OF CLASS RIGHTS. Without prejudice to Bye-Law 8 (c) the rights, privileges, limitations or restrictions attached to the Sterling Preference Stock (or any class thereof) may be varied, altered or abrogated, either whilst the Bank is a going concern or during or in contemplation of a winding up, with the written consent of the holders of not less than 75% in nominal value of such class of stock or with the sanction of a resolution passed at a class meeting of holders of such classes of stock provided that the holders of not less than 75% in nominal value of such class of stock in attendance and voting vote in favour of such resolution.

VARIATION OF CLASS RIGHTS. The Ordinary Shares and the Special Voting Shares constitute a single class of shares and are not divided into classes. Save as otherwise provided in these articles, any special rights attached to any shares in the capital of the Company may (unless otherwise provided by the terms of issue of the shares of that class) be varied or abrogated, either whilst the Company is a going concern or during or in contemplation of a winding up, with the consent in writing of those entitled to attend and vote at general meetings of the Company representing 75 per cent. of the voting rights attaching to the Ordinary Shares and the Special Voting Shares, in aggregate, which may be exercised at such meetings, or with the sanction of 75 per cent. of those votes attaching to Ordinary Shares and the Special Voting Shares, in aggregate, cast on a special resolution proposed at a separate general meeting of all those entitled to attend and vote at general meetings of the Company, but not otherwise.

VARIATION OF CLASS RIGHTS. Without prejudice to Bye-Law 8(a) the rights, privileges, limitations or restrictions attached to the 2005 Preference Stock (or any class thereof) may be varied, altered or abrogated, either whilst the Bank is a going concern or during or in contemplation of a winding up, with the written consent of holders of not less than 75% in nominal value of such class of stock or with the sanction of a resolution passed at a class meeting of holders of such class of stock provided that holders of not less than 75% in nominal value of such class of stock in attendance and voting vote in favour of such resolution. (a) Whenever the capital of the Bank is divided into different classes of stock, the special rights attached to any class may, subject to the provisions of these Bye-Laws, be varied or abrogated, either whilst the Bank is a going concern or during or in contemplation of a winding up, with the sanction of a resolution passed at a class meeting of the holders of the stock of the class but not otherwise. Save as provided in Bye-Law 3(e), to every such class meeting, save as provided in Bye-Laws 4, 5 and 6, all the provisions of these Bye-Laws relating to General Courts of the Bank and to the proceedings thereat shall apply, mutatis mutandis, except that in respect of class meetings of the holders of Dollar Preference Stock, Sterling Preference Stock and euro Preference Stock (i) the necessary quorum shall be two persons holding or representing by proxy at least one third in nominal amount of the issued stock of the class and if at any adjourned meeting of such holders a quorum as above defined is not present, any member of such class who is present in person or by proxy shall be a quorum; (ii) on a poll each holder of Dollar Preference Stock shall, whether present in person or by proxy, have one vote in respect of each US$1 of Dollar Preference Stock held by him, each holder of Sterling Preference Stock shall, whether present in person or by proxy, have one vote in respect of each unit of Sterling Preference Stock held by him and each holder of euro Preference Stock shall, whether present in person or by proxy, have one vote in respect of each unit of euro Preference Stock held by him. Any holder of stock in the class in question present in person or by proxy at such meeting may demand a poll. (b) Whenever the rights, privileges, limitations or restrictions attached to any particular Dollar Preference Stock in issue differ from the rights, privileges, limitatio...

VARIATION OF CLASS RIGHTS. If at any time the number of shares which the Company is authorised to issue is divided into different classes of shares, the rights attached to any class (unless otherwise provided by the terms of issue of the shares of that class) shall whether or not the Company is being wound up, be varied by way of resolution or with the consent in writing of the holders of not less than 51% of the issued shares of that class and of the holders of not less than 30% of the issued shares of any other class of shares which may be affected by such variation.

VARIATION OF CLASS RIGHTS. (a) The rights attached to any class of shares may, unless their terms of issue state otherwise, be varied by a special resolution passed at a separate meeting of the holders of shares of the class. (b) The provisions of these articles relating to general meetings apply, with necessary changes, to separate class meetings as if they were general meetings. (c) The rights conferred on the holders of any class of shares are to be taken as not having been varied by the creation or issue of further shares ranking ahead, after or pari passu with them, unless the terms of issue provide otherwise. (d) The rights conferred upon the holders of ordinary shares are to be taken as not having been varied by the creation, issue, redemption or conversion of any preferred shares.

VARIATION OF CLASS RIGHTS. (a) The rights attached to any class of Shares may, unless their terms of issue state otherwise, be varied: (i) with the written consent of the holders of 75% of the Shares of the class; or (ii) by a special resolution passed at a separate meeting of the holders of Shares of the class. (b) The provisions of this Constitution relating to general meetings apply, with necessary changes, to separate class meetings as if they were general meetings except that: (i) a quorum is two (2) persons holding or representing by proxy, attorney or Representative, at least one-third of the issued Shares of the class or, if there is one (1) holder of Shares in a class, that person; and (ii) any holder of Shares of the class present in person or by proxy, attorney or Representative, may demand a poll. (c) The rights conferred on the holders of any class of Shares are to be taken as not having been varied by the creation or issue of further Shares ranking equally with them.

VARIATION OF CLASS RIGHTS. Payment of the Closing Merger Consideration and receipt of the right to receive payments under and pursuant to the terms of the Earn-Out Agreement shall satisfy any obligation of the Company to pay the amounts due on a “Liquidation” under Articles 12 and 13 of the Company Charter and, to the extent necessary, the rights attached to the Shares shall be varied accordingly.

VARIATION OF CLASS RIGHTS. Without prejudice to Bye-Law 8, the rights attached to the units of Deferred Stock shall not be deemed to be varied or abrogated by the creation or issue of any new stock ranking in priority to or pari passu with or subsequent to such stock, any amendment or variation of the rights of any other class of stock of the Bank, the Bank reducing its share capital or the surrender, or purchase of any unit of stock, whether a unit of Deferred Stock or otherwise. The Bank shall have the irrevocable authority to cancel any unit of Deferred Stock without making any payment to the holder and such cancellation shall not be deemed to be a variation or abrogation of the rights attaching to such unit of Deferred Stock. The Bank shall have the irrevocable authority to appoint a single holder or any person on behalf of all holders of units of Deferred Stock to exercise any vote to which holders of units of Deferred Stock may be entitled in any circumstances at a meeting of the class of holders of Deferred Stock or for any other matter connected to the units of Deferred Stock.

VARIATION OF CLASS RIGHTS. 4.1 Whenever the share capital of the company is divided into different classes of shares, the special rights attached to any class may, subject to the provisions of the Statutes, be varied or abrogated in such manner (if any) as may be provided by such rights or, in the absence of any such provision, either with the consent in writing of the holders of three-fourths in nominal value of the issued shares of the class, or with the sanction of an extraordinary resolution passed at a separate general meeting of such holders (but not otherwise), and may be so varied or abrogated either whilst the company is a going concern or during or in contemplation of a winding-up. 4.2 Article 4.1 shall apply to the variation or abrogation of the special rights attached to some only of the shares of any class as if each group of shares of the class differently treated formed a separate class the special rights whereof are to be varied.