Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-19
Legal Notices.

STATE OF County of Fulton.
To the Superior Court of Said County:
The petition of American Sumatra To-
oaGco Company, . corporation, respect
l. That It was duly incorporated by
order OF this court on the 18th dav of
February, 1910, and thereafter duly or
gained In accordance with the provisions
OF the laws of this state and has since
been IN the active conduct of It's business
in accordance with the provisions Of it's
charter.
2. That 1t desires to amend its charter
by incorporating therein the following
provision: That whenever an election of
one or more directors of the company is
held by the shareholders at any lawful
meeting thereof, the shareholders shall be
entitled to cumulate their votes i'm tho
following manner: Each shareholder shall
be entitled to number of votes equal
to the number Of directors to be elected
multiplied by the number Of shares OF
stock which he holds, and shall he per
mitted to distribute such votes as he
pleases among the candidates, or to cast
them all for one candidate if he 50
chooses, and those persons shall be de-
clared elected directors who shall re-
CeiVe the highest number of votes so cast:
provided, that nothing herein Shall be
construed 10 alter or change that provision
Of the original charter of the company
which entities the holders OF the pre-
ferTed stock to elect b majority of the
board of directors in case of default in
the payment of dividends on the pre-
ferred stock to the amount Of fourteen
(lD per cent, and to continue to so elect
a majority of said board from the time
such right becomes operative until but
only until, such time as all accrued and
unpaid dividends on the preferred stock
shall have been paid up, as particularly
set forth in the original charter Of the
corporation; and provided further that
It shall be within the right and power
of the shareholders to provide by bylaws
that the preferred and common stock
may be required to vote separatalv and
shall ia In fha n,,{
OF dividends on the preferred stock tc
the amount of fourteen 90 per cent
what number of directors may be voted
for by the holders of the preferred
stock and what number may be voted
for by the holders of the common stock
and bylaw to limit the right Of each
class of stocks as to the number OF
directors for whom they may respectively
vote; provided that after default as
aforesaid, the limitation upon the hold
ers of the preferred stock shall not de-
prive them of the right to elect at least
a majority of the members of said board
until the default is removed as aforesaid
and to provide by bylaw how the by
| laws providing for the foregoing limita-
| tons may be altered, amended OF
| changed. The cumulative voting herein
| allowed to apply to the voting for such
| directors, either before or after the oc-
| currence Of a default as above set out
| as the holders OF the preferred and com.
| mon stock may at the time be entitled
| to vote for under the provisions of the
| original charter and of such bylaws OF
| this subject as the shareholders MAY
have heretofore adopted or may here
| after adopt.
! 8. That It is provided In the origina
| charter of the corporation that this char
| ter may be amended by and with tht
| consent of the holders of not less thar
| two thirds in amount of all the capita
| stock then outstanding, expressed = G
| meeting of the shareh olders held in &C.
cordance with the provisions of the by.
| laws of said corporation, at any time
and either i'll form or In substance.
| 4, That at q meeting of the share.
| holders duly held In accordance with thu
| provisions of the bylaws of this CORPORA.
! ton, at which meeting all of the pre-
! ferred stock and all Of the common stool
| either In person or by proxy, a resolu
| ton was duly and unanimously adopted
| authorizing this application for an amend.
ment to its charter to be made
| Wherefore, Your petitioner prays tina
when it has complied with the law fol
| orable court will pass an order amend.
ing its charter in the manner and to thu
| extent as hereinbefore set out.
| ANDERSON, FIELDER, ROUNTREE &
| WILSON Attorneys for Petitioner
Filed in office this the 18th day of No
vember, 1919. f. NJ MYERS,
STATE OF GEORGIA-Fulton County.
| I. Arnold Broyles. clerk OF the superior
! court of Fulton county, do hereby cert.
fy that the foregoing Is a true and cor,
| rect copy of the application for an amend.
ment to the charter of the American
| Sumatra Tobacco Company, as the same
| appears Of file in this office.
| Witness my official signature and thu
! seal of said court, this the 18th day o.
Clerk Superior Court. Fulton County, Ga
! ll-19-l'