Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-26
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
fully shows;
order of this court on the 18th day Of
February, 1910, and thereafter duly or
PaniZed 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 its
charter.
z. That 1t desires to amend It's 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 In the
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 be per
mitted to distribute such votes as he
pleaseS among the candidates, or to cast
them all for one candidate If he so
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 snail be
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 Oh the pre-
ferred stock to the amount of fourteen
Cd 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
1t 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 separately, and
until default shall be made in the payment
OF dividends on the preferred stock to
the amount of fourteen 14D 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 Alright Of each
class of stocks as to the number Of
directors for whom they may respectively
aforesaid, the limitation upon the shold-
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 or
changed The cumulative voting herein
allowed to apply to the voting for such
directors either before after the oc-
currence of a default az 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 on
this subject as the shareholders may
have heretofore adopted or may here
after adopt,
s. That it is provided in the original
charter of the corporation that this char
ter may be amended by and with the
consent OF the holders of not less than
o-thirdS in amount of all the capital
stock then outstanding, expressed at a
meeting OF the shareholders held in ac-
cordauce with the provisions Of the by
laws Of said corporation, at any time
and either in form or III substance
1. That at meeting OF the share
holders duly held in accordance with the
provisions of the bylaws Of this corpora
ton, at which meeting all OF the pre-
OF the corporation was represented
either in person or by proxy, resou-
ton was duly and unanimously adopted
authorizing this application for an amend
ment to its charter to be made
Wherefore Your petitioner prayS that
such cases made and provided, this hon
orable court will pass an order amend
ing its charter in the manner and to the
extent as hereinbefore set out
ANDERSON, FIELDER, ROUNTREE &
WILSON. Attorneys for Petitioner
Filed in office this the 18th day of No
vember. 1912. f. NJ, MYERS.
STATE OF GEORGIA-Fuiton County.
l, Arnold Broyles, clerk of the superior
court of Fulton county, do hereby certi-
fy that the foregoing is true and cor
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 18th day of
November, 1912. ARNOLD BROYLES,
T1.VI H..., NWN