Common use of Voting Trustee Clause in Contracts

Voting Trustee. (i) So long as Prometheus shall be in existence, Prometheus shall be the sole trustee of the Voting Trust. In the event of the merger of Prometheus (or any successor voting trustee) into any other person, such other person shall become the sole trustee of the Voting Trust. In the event of the dissolution of Prometheus (or any successor voting trustee), such person as Prometheus (or any successor voting trustee) shall, prior to its dissolution, designate as its successor shall become the sole trustee of the Voting Trust. (ii) The voting trustee in office from time to time shall have the sole and exclusive right and authority to cast votes, grant consents, appoint proxies and take other similar actions with respect to the Purchased Shares and shall do so in its sole and absolute discretion and without any fiduciary duty or obligation to Mr. Short or any other record or beneficial owner of any of the Purchased Shares.

Voting Trustee. (i) So long as Prometheus shall be in existence, Prometheus shall be the sole trustee of the Voting Trust. In the event of the merger of Prometheus (or any successor voting trustee) into any other person, such other person shall become the sole trustee of the Voting Trust. In the event of the dissolution of Prometheus (or any successor voting trustee), such person as Prometheus (or any successor voting trustee) shall, prior to its dissolution, designate as its successor shall become the sole trustee of the Voting Trust. (ii) The voting trustee in office from time to time shall have the sole and exclusive right and authority to cast votes, grant consents, appoint proxies and take other similar actions with respect to the Purchased Shares and shall do so in its sole and absolute discretion and without any discretion. Such voting trustee shall have no fiduciary duty or obligation of any nature to Mr. Short or any other record or beneficial owner of any of the Purchased Shares.