Acting Jointly or in Concert. For purposes of this Agreement, whether Persons are acting jointly or in concert is a question of fact in each circumstance, however, a Person shall be deemed to be acting jointly or in concert with every Person who, as a result of any agreement, commitment or understanding, whether formal or informal, with the first Person, any Affiliate or Associate of the first Person or any person acting jointly or in concert with the first Person, acquires or offers to acquire Voting Shares (other than customary agreements with and between underwriters and/or banking group members and/or selling group members with respect to a public offering or private placement of securities or pledges of securities in the ordinary course of business).
Appears in 6 contracts
Samples: Shareholder Rights Plan Agreement (Kelso Technologies Inc), Shareholder Rights Plan Agreement (Silvercorp Metals Inc), Shareholder Rights Plan Agreement (Animas Resources LTD)
Acting Jointly or in Concert. For purposes of this Agreement, whether Persons are acting jointly or in concert is a question of fact in each circumstance, however, a Person shall be deemed to be acting jointly or in concert with every Person who, as a result of any agreement, commitment or understanding, whether formal or informalinformal and whether or not in writing, with the first Person, any Affiliate or Associate of the first Person or any person acting jointly or in concert with the first Person, acquires or offers to acquire Voting Shares (other than customary agreements with and between underwriters and/or banking group members and/or selling group members with respect to a public offering or private placement of securities or pledges of securities in the ordinary course of business).
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Tahoe Resources Inc.), Shareholder Rights Plan Agreement (Tahoe Resources Inc.), Shareholder Rights Plan Agreement (Brigus Gold Corp.)
Acting Jointly or in Concert. For purposes of this Agreement, whether Persons are acting jointly or in concert is a question of fact in each circumstance, however, a Person shall be deemed to be acting jointly or in concert with every Person who, as a result of any agreement, commitment or understanding, whether formal or informal, with the first Person, any Affiliate or Associate of the first Person or any person acting jointly or in concert with the first Person, acquires or offers Offers to acquire Acquire Voting Shares (other than customary agreements with and between underwriters and/or banking group members and/or selling group members with respect to a public offering or private placement of securities or pledges of securities in the ordinary course of business).
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement