This excerpt taken from the ADES DEF 14A filed Nov 12, 2008.
Who can vote?
You can vote your shares of common stock if our records show that you owned the shares on November 4, 2008 (also referred to as the Record Date). A total of 6,749,014 shares of common stock can vote at the Special Meeting. Shares of our common stock issued in our August Private Placement (as defined below) are not eligible to vote at the meeting. See What is a quorum? for more information regarding such shares. Pursuant to our Amended and Restated Articles of Incorporation, you are entitled to one vote for each share of common stock. As of the Record Date, ECP, the proposed purchaser of the shares in the Private Placement, did not hold any shares of our common stock.