Apple 1997 Annual Report Download - page 87

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SECTION 12.6: ANNUAL REPORTS. The making of annual reports to the shareholders is dispensed with and the requirement that such
annual reports be made to shareholders is expressly waived, except as may be directed from time to time by the Board of Directors or the
President.
SECTION 12.7: FISCAL QUARTERS. Each fiscal quarter of the Corporation shall be comprised of 13 weeks each of which shall end at
midnight on Friday of such week, and the fiscal months in any one calendar quarter shall be comprised of at least four consecutive calendar
weeks with one week to be added, at management's discretion, to any one month during such fiscal year.
SECTION 12.8: OFFICER LOANS AND GUARANTIES. If the corporation has outstanding shares held of record by 100 or more persons on
the date of approval by the Board of Directors, the corporation may make loans of money or property to, or guarantee the obligations of, any
officer of the corporation or its parent or subsidiaries, whether or not the officer is a director, upon the approval of the Board of Directors alone.
Such approval by the Board of Directors must be determined by a vote of a majority of the disinterested directors, if it is determined that such a
loan or guaranty may reasonably be expected to benefit the corporation. In no event may an officer owning 2% or more of the outstanding
common shares of the corporation be extended a loan under this provision.
Article XIII
CONSTRUCTION OF BY-LAWS WITH
REFERENCE TO PROVISIONS OF LAW
SECTION 13.1: BY-LAW PROVISIONS ADDITIONAL AND SUPPLEMENTAL TO PROVISIONS OF LAW. All restrictions, limitations,
requirements and other provisions of these By-Laws shall be construed, insofar as possible, as supplemental and additional to all provisions of
law applicable to the subject matter thereof and shall be fully complied with in addition to the said provisions of law unless such compliance
shall be illegal.
SECTION 13.2: BY-LAW PROVISIONS CONTRARY TO OR INCONSISTENT WITH PROVISIONS OF LAW. Any article, section,
subsection, subdivision, sentence, clause or phrase of these By-Laws which, upon being construed in the manner provided in Section 13.1
hereof, shall be contrary to or inconsistent with any applicable provision of law, shall not apply so long as said provisions of law shall remain
in effect, but such result shall not affect the validity or applicability of any other portions of these By-Laws, it being hereby declared that these
By-Laws, and each article, section, subsection, subdivision, sentence, clause, or phrase thereof, would have been adopted irrespective of the
fact that any one or more articles, sections, subsections, subdivisions, sentences, clauses or phrases is or are illegal.
Article XIV
ADOPTION, AMENDMENT OR REPEAL OF BY-LAWS
SECTION 14.1: BY SHAREHOLDERS. By-Laws may be adopted, amended or repealed by the vote or written consent of holders of a
majority of the outstanding shares entitled to vote. By-Laws specifying or changing a fixed number of directors or the maximum or minimum
number or changing from a fixed to a variable board or vice versa may only be adopted by the shareholders; provided, however, that a By-Law
or amendment of the Articles of Incorporation reducing the number or the minimum number of directors to a number less than five cannot be
adopted if the
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