An intermediary that holds securities on behalf of a client in an account that was opened before the coming into force of this Instrument
(a) may seek new instructions from its client in relation to the matters to which the client response form pertains; and
(b) in the absence of new instructions from the client, shall rely on the instructions previously given or deemed to have been given by the client under NP41 in respect of that account, on the following basis:
(i) If the client chose to permit the intermediary to disclose the client’s name and security holdings to the issuer of the security or other sender of material, the client is a NOBO under this Instrument;
(ii) If the client was deemed to have permitted the intermediary to disclose the client’s name and security holdings to the issuer of the security or other sender of material, the intermediary may choose to treat the client as a NOBO under this Instrument;
(iii) If the client chose not to permit the intermediary to disclose the client’s name and security holdings to the issuer of the security or other sender of material, the client is an OBO under this Instrument;
(iv) If the client chose not to receive material relating to annual or special meetings of securityholders or audited financial statements, the client is considered to have declined under this Instrument to receive:
(A) proxy-related materials that are sent in connection with a securityholder meeting;
(B) financial statements and annual reports that are not part of proxy-related materials; and
(C) materials sent to securityholders that are not required by corporate or securities law to be sent to registered securityholders;
(v) If the intermediary was permitted not to provide material relating to annual meetings of securityholders or audited financial statements, the client is considered to have declined under this Instrument to receive:
(A) proxy-related materials that are sent in connection with a securityholder meeting that is not a special meeting;
(B) financial statements and annual reports that are not part of proxy-related materials; and
(C) materials sent to securityholders that are not required by corporate or securities law to be sent to registered securityholders;
(vi) If the client chose to receive material relating to annual or special meetings of securityholders and audited financial statements, the client is considered to have chosen under this Instrument to receive all securityholder materials sent to beneficial owners of securities;
(vii) The client is considered to have chosen under this Instrument as the client’s preferred language of communication the language that has been customarily used by the intermediary to communicate with the client.