Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-20
Legal Notices.

STATE OF GEORGIA. County Of Fulton.
To the Superior Court Of Said County:
The petition Of American Sumatra To
bacco Company corporation, respect
Lhlly shows:
l. That it was duly incorporsted bv
order Of this court on the 18th day OF
February 1910, aud thereafter duly or
sanlZcd IN accordance with the provisions
of the laws Of this state, ana has since
been in the active conduct Of its business
10 accordance with the provisions OF its
charter.
2. That it 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 10 cumulate their votes in the
following manner. Each shareholder shall
be entitled to % number of votes equal
TO the number " directors to be elected,
multiplied by the number OI shares Of
stock which h. holds, and shall be per
mitted to distribute such votes as he
pleases among no candidates, or to cast
them all for one candidate if he SO
chooses ana those persons shall be de-
clared elected directors who shall re
ceive the highest number of votes so cast:
provided, that nothing herein shall he
construed TO alter or change that provision
Of the original charter Of the company
which entities the holders of the pre-
ferred stock to elect 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
90 per cent, and to continue TO SO elect
q majority OF said board from the time
such right becomes operative until. but
only uutil, such time as all accrued ami
unpaid dividends on the preferred stock
shan nave been paid up, as particularly
set forth in the original charter OF the
corporation; and provided further that
1t shall be within the right and power
ot the shareholders to provide by bylaws
that the preferred and common stock
may be required to vote separately. and
until default shall be made in the payment
Of dividends on the preferred stock to
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 10 elect at least
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-
lions may bo altered, amended OF
changed. The cumulative voting herein
allowed to apply to the voting for such
directors, either before or after the Oc-
CurrcnCe Of a default az above set out
as the holders of the preferred and com
| mon stock may at the time he entitled
I
| original charter ana of such bylaws on
| this subject as the shareholders NAV
have heretofore adopted or may here
g. That ii is provided IN the Original
charter of the corporation that this char
ter may be amended by aIRl with the
consent of the holders OF not less than
tWO-thirds III amount Of all the capital
stock then outstanding, expressed at a
meeting of the shareholders held IN ac-
cordance with the provisions OF the by
laws of said corporation, at any time
and either in form or In substance
l. That at a meeting or the share
| holders duly held in accordance with the
| ton, at which meeting all of the pre-
! ferTed stock and all Of the common stock
| of the corporation was represented
! either I'm person or by proxy, 4 resom-
authorizing this application for an amend
ment 10 its charter to be made.
Wherefore, Your petitioner prays that
when 1t has compiled with the law for
such cases made and provided, this hon
Orable court will pass an order amend
ing its charter il the manner and 30 the
extent as heraiubefOre set out
! ANDERSON, FIELDER. ROUNTREE &
WILSON, Attorneys for Petitioner.
Filed IN office this The l2th day Of No
yember 1919 +. NJ MYERS.
STATE or GEoRGrA-FuufltSoan1 COUNTY I'Grf5
J., Arnold BToyles, clerk OF the superior
court of Fulton county, do hereby Certi-
fy that the foregoing is true and cor
rect copy of the application Tor 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 the
seal OF said court. this the l2th day OF
November 1912 ARNOLD BROYLES,
Clerk Superior Court, Fulton County, Ga
l1-l3-I7