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
/. That it was duly incorporated by
order of this court on the 18th day of
February, 1910, and thereafter duly or
ganized in accordance with the provisions
of the laws of this state, and has since
been in the active conduct Of its business
IN 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 thA 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 a 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 shall 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 a majority Of the
board of directors in case OF default in
the payment of dividends on the pre-
U
tl4) per cent, and to continue to so elect
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
mill 1aafl gt,gI1 traa
of dividends on the preferred stock to
the amount of fourteen (14) per cent
what number of directors may be voted
for by the holders of the preferred
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
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 Iimita.
changed. The cumulative voting herein
allowed to apply to the voting for such
directors, either before or after the oc-
currence of q 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
this subject as the shareholders may
have heretofore adopted or may here
after adopt
s. That 1t 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
two thirds in 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
4, That at a 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-
ferred stock and all of the common stock
of the corporation was represented,
either in person or by proxy, q fesolu-
authorizing this application for an amend
ment to 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
orahle 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, 1917. +. NJ MYERS,
Deputy Clerk
STATE of GEORGIA-Fulton County.
l, Arnold Broyles, clerk of the superior
court of Fulton county, do hereby Certi-
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 the
seal of said court, this the 18th day Of
November, 1912 ARNOLD BROYLES,
Clerk Superior Court Fulton County Ca