Common use of Actions to Satisfy Closing Conditions Clause in Contracts

Actions to Satisfy Closing Conditions. (a) Except as otherwise provided in this Section 8.3, each of the BHP Billiton Parties and Purchaser agrees to use commercially reasonable efforts to cause the conditions contained in Article 10 to be satisfied as soon as practicable and in any case by the Outside Date. (b) The BHP Billiton Parties shall make, as promptly as reasonably practicable, all necessary filings, notifications and other submissions with respect to the Transaction as are required under the Antitrust Laws and Purchaser shall make, as promptly as reasonably practicable, all necessary filings, notifications and other submissions with respect to the Transaction as are required under the Antitrust Laws and the Investment Canada Act to satisfy the condition set forth in Section 10.1(b) . (c) The BHP Billiton Parties and Purchaser shall co-operate and use good faith efforts to (i) give each other reasonable advance notice of all meetings or other oral communications with any Governmental Authority relating to the Regulatory Approvals, (ii) not participate independently in any such meeting or other oral communication without first giving the other party (or the other party's outside counsel) an opportunity to attend and participate in such meeting or other oral communication, unless otherwise required or requested by such Governmental Authority, (iii) if any Governmental Authority initiates an oral communication regarding the Regulatory Approvals, promptly notify the other party of the substance of such communication, (iv) provide each other with a reasonable advance opportunity to review and comment upon and consider in good faith the views of the other in connection with all written communications (including any filings, notifications, submissions, analyses, presentations, memoranda, briefs, arguments, opinions and proposals made or submitted by or on behalf of any party hereto) with a Governmental Authority regarding the Regulatory Approvals and (v) promptly provide each other with copies of all written communications to or from any Governmental Authority relating to the Regulatory Approvals, subject, in each of (i)-(v), to Section 8.3(g) and to the reasonable discretion of Purchaser in the case of meetings, discussions and oral or written communications related to the ICA Approval. (d) Purchaser will promptly notify the BHP Billiton Parties and the BHP Billiton Parties will promptly notify Purchaser upon: (i) becoming aware of any Order or any complaint requesting an Order restraining or enjoining the execution of this Agreement or the consummation of the transactions contemplated under this Agreement; or (ii) receiving any notice from any Governmental Authority of its intention: (A) to institute a suit or proceeding to restrain or enjoin the execution of this Agreement or the consummation of the transactions contemplated by this Agreement; or (B) to nullify or render ineffective this Agreement or such transactions if consummated. (e) Purchaser shall pay any requisite filing fees and applicable taxes in relation to any filing or application made in respect of the Regulatory Approvals. (f) Notwithstanding any requirement in this Section 8.3 in connection with obtaining the Canada Competition Act Approval, where a party (the "Disclosing Party") is required under this Section 8.3 to provide information to another party (a "Receiving Party") that the Disclosing Party deems to be competitively sensitive information, the Disclosing Party may restrict the provision of such competitively sensitive information only to the internal legal counsel and external legal counsel of the Receiving Party, provided that the Disclosing Party also provides a redacted version to the Receiving Party. (g) Notwithstanding any other provision of this Agreement, nothing in this Agreement shall require Purchaser to disclose to any person (including the BHP Billiton Parties) Purchaser's plans and undertakings submitted for the purpose of the review under the Investment Canada Act or any drafts thereof or any correspondence or discussions with respect thereto.

Actions to Satisfy Closing Conditions. (a) Except as otherwise provided in this Section 8.3, each Each of the BHP Billiton Parties and Purchaser agrees to shall use commercially reasonable efforts to take all such actions as are within its power to control and to cause other actions to be taken which are not within its power to control so as to ensure compliance with each of the conditions contained and covenants set forth in Article 10 6, Article 7, Article 8 or this Article 9 which are for the benefit of any other Party and to be satisfied effect the Closing as soon expeditiously as practicable and in any case by the Outside Datepracticable. (b) The BHP Billiton Parties shall makePurchaser and the Vendors will each use commercially reasonable efforts to obtain Competition Act Approval. Without limiting the generality of the foregoing, the Purchaser will, as promptly soon as reasonably practicable, all necessary filingsand in any event within 10 days after the date of execution of this Agreement, notifications prepare and other submissions with respect provide to the Transaction Commissioner an application for an Advance Ruling Certificate. The Vendors shall provide such assistance as are required under may reasonably be requested by the Antitrust Laws Purchaser in connection with the preparation of such application. In addition, if the Vendors request, the Vendors and the Purchaser shall make, as will promptly as reasonably practicable, all necessary filings, notifications and other submissions with respect file a pre-merger notification pursuant to the Transaction as are required under the Antitrust Laws Competition Act. The Purchaser and the Investment Canada Vendors shall further promptly furnish any additional information requested by any Governmental Authority relating to Competition Act to satisfy the condition set forth in Section 10.1(b) Approval. (c) The BHP Billiton Parties and Purchaser shall co-operate and use good faith efforts to (i) give each other reasonable advance notice of all meetings or other oral communications with any Governmental Authority relating to the Regulatory Approvals, (ii) not participate independently in any such meeting or other oral communication without first giving the other party (or the other party's outside counsel) an opportunity to attend and participate in such meeting or other oral communication, unless otherwise required or requested by such Governmental Authority, (iii) if any Governmental Authority initiates an oral communication regarding the Regulatory Approvals, promptly notify the other party of the substance of such communication, (iv) provide each other with a reasonable advance opportunity to review and comment upon and consider in good faith the views of the other in connection with all written communications (including any filings, notifications, submissions, analyses, presentations, memoranda, briefs, arguments, opinions and proposals made or submitted by or on behalf of any party hereto) with a Governmental Authority regarding the Regulatory Approvals and (v) promptly provide each other with copies of all written communications to or from any Governmental Authority relating to the Regulatory Approvals, subject, in each of (i)-(v), to Section 8.3(g) and to the reasonable discretion of Purchaser in the case of meetings, discussions and oral or written communications related to the ICA Approval. (d) Purchaser will promptly notify the BHP Billiton Parties and the BHP Billiton Parties will promptly notify Purchaser upon: (i) becoming aware of any Order or any complaint requesting an Order restraining or enjoining the execution of this Agreement or the consummation of the transactions contemplated under this Agreement; or (ii) receiving any notice from any Governmental Authority of its intention: (A) to institute a suit or proceeding to restrain or enjoin the execution of this Agreement or the consummation of the transactions contemplated by this Agreement; or (B) to nullify or render ineffective this Agreement or such transactions if consummated. (e) Purchaser shall pay any requisite filing fees and applicable taxes fee in relation to any filing or application made in respect of under the Regulatory ApprovalsCompetition Act. (fd) Notwithstanding any requirement in this Section 8.3 The Purchaser and the Vendors shall co-operate with each other in connection with obtaining the Canada efforts to obtain Competition Act Approval, where a party including by (i) providing each Table of Contents other with copies of all related applications and notifications in draft form, (ii) permitting each other to review in advance, in draft form, and incorporate the "Disclosing Party") is required under this Section 8.3 to provide information to another party (a "Receiving Party") that the Disclosing Party deems other’s reasonable comments in any communication to be given to any Governmental Authority with respect to obtaining Competition Act Approval, (iii) promptly furnishing to each other copies of notices or other communications received from any Governmental Authority with respect to the transactions contemplated by this Agreement, and (iv) not participating in any meeting or discussion of a substantive nature related to the transactions contemplated hereby, either in person or by telephone, with any Governmental Authority unless, to the extent not prohibited by such Governmental Authority, the other has been given the opportunity to attend and observe and/or participate. Notwithstanding the foregoing, the Purchaser or Vendors, as the case may be, may limit disclosure of information and documents to or the participation by the Vendors or the Purchaser to external legal counsel, on an external legal counsel only basis, in order to avoid the disclosure of confidential or competitively sensitive information, the Disclosing Party may restrict the provision of such competitively sensitive information only to the internal legal counsel and external legal counsel of the Receiving Party, provided that the Disclosing Party also provides a redacted version to the Receiving Party. (ge) Notwithstanding The Purchaser and the Vendors will each use commercially reasonable efforts to obtain the FERC Approval. The Purchaser and the Vendors understand that BPI shall pursue the FERC Approval and that BPI will, as soon as practicable, and in any other provision event within 10 days after the date of execution of this Agreement, nothing prepare and file the application to obtain the FERC Approval. Each of the Vendors and the Purchaser shall provide such assistance as may reasonably be requested by BPI in this Agreement shall require Purchaser order to disclose obtain the FERC Approval. The Vendors will pay any requisite filing fee and reasonable out-of-pocket external legal expenses of BPI in relation to any person (including filing or application made to obtain the BHP Billiton Parties) Purchaser's plans and undertakings submitted for the purpose of the review under the Investment Canada Act or any drafts thereof or any correspondence or discussions with respect theretoFERC Approval.

Actions to Satisfy Closing Conditions. (a) Except as otherwise provided in this Section 8.3, each Each of the BHP Billiton Parties and Purchaser agrees to shall use commercially reasonable efforts to take all such actions as are within its power to control, and to cause other actions to be taken which are not within its power to control, so as to ensure compliance with each of the conditions contained and covenants set forth in Article 10 to be satisfied as soon as practicable and in ARTICLE 7, ARTICLE 8 or ARTICLE 9 which are for the benefit of any case by the Outside Dateother Party. (b) The BHP Billiton Parties Purchaser shall makenot participate, as promptly as reasonably practicableor permit its Affiliates to participate, all necessary filingsin any substantive meeting or discussion, notifications and other submissions either in person or by telephone with respect any Governmental Authority in connection with the consummation of the transactions contemplated by this Agreement unless it consults with the Seller in advance and, to the Transaction as are required under extent not prohibited by such Governmental Authority, gives the Antitrust Laws Seller the opportunity to attend and Purchaser shall make, as promptly as reasonably practicable, all necessary filings, notifications and other submissions with respect to the Transaction as are required under the Antitrust Laws and the Investment Canada Act to satisfy the condition set forth in Section 10.1(b) participate. (c) The BHP Billiton Parties and Purchaser shall co-operate take any and use good faith efforts all reasonable steps in order to (i) give each other reasonable advance notice avoid the filing of all meetings an application for or the issuance of any interim Order or other oral communications with any Governmental Authority relating to Order which would have the Regulatory Approvalseffect of delaying or preventing the Closing and, (ii) not participate independently in if any such meeting interim Order or other oral communication without first giving Order is issued, the other party (Purchaser shall take any and all steps to have it rescinded, revoked or the other party's outside counsel) an opportunity to attend and participate in such meeting or other oral communication, unless otherwise required or requested by such Governmental Authority, (iii) if any Governmental Authority initiates an oral communication regarding the Regulatory Approvals, promptly notify the other party of the substance of such communication, (iv) provide each other with a reasonable advance opportunity to review and comment upon and consider in good faith the views of the other in connection with all written communications (including any filings, notifications, submissions, analyses, presentations, memoranda, briefs, arguments, opinions and proposals made or submitted by or on behalf of any party hereto) with a Governmental Authority regarding the Regulatory Approvals and (v) promptly provide each other with copies of all written communications to or from any Governmental Authority relating to the Regulatory Approvals, subject, in each of (i)-(v), to Section 8.3(g) and to the reasonable discretion of Purchaser in the case of meetings, discussions and oral or written communications related to the ICA Approvalset aside as soon as possible. (d) Unless restricted by Law, the Purchaser will promptly notify the BHP Billiton Parties Seller and the BHP Billiton Parties Seller will promptly notify the Purchaser upon: (i) becoming aware of any Order or any complaint requesting an Order restraining or enjoining the execution of this Agreement or the consummation of the transactions contemplated under this Agreement; or (ii) receiving any notice from any Governmental Authority of its intention: (A) to institute a suit or proceeding to restrain or enjoin the execution of this Agreement or the consummation of the transactions contemplated by this Agreement; or (B) to nullify or render ineffective this Agreement or such transactions if consummated. (e) If the transactions contemplated by this Agreement are subject to notification under Part IX of the Competition Act (Canada), then: (i) The Purchaser shall pay any requisite filing fees and applicable taxes in relation submit to any filing or application made in respect the Commissioner of Competition under the Competition Act (Canada) a request for an advance ruling certificate pursuant to subsection 102(1) of the Regulatory Approvalssaid Act within 10 Business Days of the signing of this Agreement and the Seller shall provide such reasonable assistance as may be requested by the Purchaser to prepare such request. The Seller’s counsel shall be provided a full opportunity to review the request for an advance ruling certificate in draft prior to its being submitted; and (ii) The Purchaser and Seller shall each submit to the Commissioner of Competition their respective short-form notification under subsection 114(1) and paragraph 123(1)(a) of the Competition Act (Canada) within 10 Business Days of the signing of this Agreement, unless the Parties mutually agree in writing that it is appropriate in the circumstances to submit only a request for an advance ruling certificate. Each Party shall provide any supplementary information requested by the Commissioner of Competition or her designees as soon as practicable upon receiving any such request. (f) Notwithstanding any requirement in this Section 8.3 Any filing fees required to be paid in connection with obtaining any filings submitted pursuant to the Canada Competition Act Approval, where a party (Canada) shall be paid by the "Disclosing Party") is required under this Section 8.3 to provide information to another party (a "Receiving Party") that the Disclosing Party deems to be competitively sensitive information, the Disclosing Party may restrict the provision of such competitively sensitive information only to the internal legal counsel and external legal counsel of the Receiving Party, provided that the Disclosing Party also provides a redacted version to the Receiving PartyPurchaser. (g) Notwithstanding any other provision of this Agreement, nothing in this Agreement shall require Purchaser to disclose to any person (including the BHP Billiton Parties) Purchaser's plans and undertakings submitted for the purpose of the review under the Investment Canada Act or any drafts thereof or any correspondence or discussions with respect thereto.

Actions to Satisfy Closing Conditions. ‌ (a) Except as otherwise provided in During the period from the date of this Section 8.3Agreement until the Closing Time, and subject to the terms and conditions of this Agreement, each of the BHP Billiton Parties Vendor and the Purchaser agrees to shall use commercially reasonable efforts to take or cause to be taken all actions and to do or cause to be done all things necessary under the terms of this Agreement, any Related Document or applicable Laws to cause the satisfaction of the conditions contained set forth in Article 10 4 and Article 5 and to consummate the Transactions, including using their respective commercially reasonable efforts to obtain all authorizations, consents, permits, waivers or other approvals of all Governmental Authorities (including the Key Regulatory Approvals) that may be satisfied as soon as practicable or become necessary for the execution and delivery of, and the performance of its obligations pursuant to, this Agreement and the Related Documents, and the consummation of the Transactions, and the Parties shall reasonably cooperate with each other with respect to each of the foregoing. The Purchaser shall be responsible for all fees and costs payable in connection with obtaining any case by Key Regulatory Approvals or other consents in respect of the Outside DateTransactions. (b) The BHP Billiton Parties shall make, as promptly as reasonably practicable, all necessary filings, notifications and other submissions with respect to the Transaction as are required under the Antitrust Laws and Purchaser shall make, as promptly as reasonably practicable, all necessary filings, notifications and other submissions with respect to the Transaction as are required under the Antitrust Laws and the Investment Canada Vendor acknowledge that Mining Act to satisfy Approval has been obtained or satisfied. Without limiting the condition set forth in Section 10.1(b) . (c) The BHP Billiton Parties and Purchaser shall co-operate and use good faith efforts to generality of the foregoing, (i) give each other reasonable advance if further action is determined by the Parties to be required, then within 10 days of such determination being made, the Purchaser shall submit to the Minister notice in writing seeking Mining Act Approval in respect of CGML and RBMGL and the Vendor shall submit to the Minister notice of all meetings or other oral communications with any Governmental Authority relating its intention to the Regulatory Approvalscease to be a controller of CGML and RBMGL, (ii) not each Party shall be given a reasonable opportunity to review in advance and comment on any proposed submissions by the other Party to the Minister with respect to Mining Act Approval, and reasonable consideration shall be given to any comments made by the other Party, (iii) each Party shall promptly notify the other Parties of any communication from any Governmental Authority in connection with Mining Act Approval and provide a copy thereof, and shall permit the other Parties to review in advance any proposed communication with a Governmental Authority, including the Minister, (iv) no Party shall participate independently in any such meeting or other oral communication without first giving discussion of a substantive nature (whether in person or by telephone) with a Governmental Authority, including the Minister, in connection with Mining Act Approval unless it consults with the other party (or Parties in advance and, to the extent permitted by the Governmental Authority, provides the other party's outside counsel) an Parties the opportunity to attend and participate in such meeting or other oral communicationthereat, unless otherwise required or requested by such Governmental Authority, (iii) if any Governmental Authority initiates an oral communication regarding the Regulatory Approvals, promptly notify the other party of the substance of such communication, (iv) provide each other with a reasonable advance opportunity to review and comment upon and consider in good faith the views of the other in connection with all written communications (including any filings, notifications, submissions, analyses, presentations, memoranda, briefs, arguments, opinions and proposals made or submitted by or on behalf of any party hereto) with a Governmental Authority regarding the Regulatory Approvals and (v) promptly provide each other with copies of all written communications to or from any Governmental Authority relating to neither the Regulatory Approvals, subject, in each of Purchaser nor the Vendor will (i)-(v), to Section 8.3(g) and to the reasonable discretion of Purchaser in the case of meetings, discussions and oral or written communications related to the ICA Approval. (d) Purchaser will promptly notify the BHP Billiton Parties and the BHP Billiton Parties Vendor will promptly notify Purchaser upon: (icause the Company and the Subsidiaries not to) becoming aware take any action that is likely to have the effect of any Order delaying, impairing or any complaint requesting an Order restraining or enjoining impeding the execution receipt of this Agreement or the consummation of the transactions contemplated under this Agreement; or (ii) receiving any notice from any Governmental Authority of its intention: (A) to institute a suit or proceeding to restrain or enjoin the execution of this Agreement or the consummation of the transactions contemplated by this Agreement; or (B) to nullify or render ineffective this Agreement or such transactions if consummated. (e) Purchaser shall pay any requisite filing fees and applicable taxes in relation to any filing or application made in respect of the Regulatory Approvals. (f) Notwithstanding any requirement in this Section 8.3 in connection with obtaining the Canada Competition Mining Act Approval. Notwithstanding the foregoing, it is agreed that where a party (the "Disclosing Party") is required under this Section 8.3 to provide information to another party (a "Receiving Party") that the Disclosing Party deems to be competitively sensitive information, the Disclosing Party may restrict the provision of such submissions or communications contain competitively sensitive information of a Party, such submissions or communications will be shared on an external counsel only basis with counsel to the internal legal counsel other Parties, and external legal counsel redacted versions of the Receiving Party, such submissions or communications will be provided that the Disclosing Party also provides a redacted version to the Receiving Partyother Parties. (g) Notwithstanding any other provision of this Agreement, nothing in this Agreement shall require Purchaser to disclose to any person (including the BHP Billiton Parties) Purchaser's plans and undertakings submitted for the purpose of the review under the Investment Canada Act or any drafts thereof or any correspondence or discussions with respect thereto.

Actions to Satisfy Closing Conditions. (a1) Except Each of the Parties shall take all such actions as otherwise provided in this Section 8.3are within its power to control, and use Best Efforts to cause other actions to be taken which are not within its power to control, so as to ensure compliance with each of the BHP Billiton Parties conditions and covenants set forth in Article 8, Article 9 or Article 10 which are for the benefit of any other Party. (2) The Purchasers shall keep the Shareholders informed as to the status of the proceedings related to the application, notification and filings, relating to HSR Approval and provide the Company and the Shareholders with copies of such applications, notifications and filings in draft form, containing information relating to the Shareholders in order for the Shareholders to confirm that such information is correct. (3) The Purchasers shall provide any undertakings and abide by any conditions required to obtain HSR Approval or in order that officials not oppose or threaten to oppose the purchase of the Purchased Shares or the Purchased Assets which are not materially adverse to the Purchaser agrees or the Company or the Subsidiaries taken as a whole. (4) The Purchasers and the Shareholders shall cooperate with each other, and shall use Best Efforts to cause their respective officers, employees, agents, auditors and representatives to cooperate with each other, prior to the Closing to ensure the orderly acquisition of the Company and its Subsidiaries by the Purchaser and to minimize any disruption to the respective businesses of the Purchaser and its Subsidiaries and the Company and its Subsidiaries that might result from the transactions contemplated hereby. (5) The Shareholders and the Company shall cooperate with and take reasonable commercial steps to assist (in good faith) the Purchasers in the proposed offering by the Purchaser of its debt securities to occur on or after the Closing Date (the "Proposed Offering"), including preparation of an offering memorandum (the "Offering Memorandum") relating to the Proposed Offering disclosing information regarding the Company's business, financial condition, results from operations or otherwise, including management's discussion and analysis of financial condition and results of operations (the "Company Information"), provided that neither the Shareholders nor the Company shall incur any out of pocket expense (other than in respect of which they shall have been reimbursed) in connection with the Proposed Offering or the Offering Memorandum, and that the Offering Memorandum shall not include any Company Information or other disclosure related to the Company, including for greater certainty, the Financial Statements or Historical Financial Statements, which has not been reviewed and approved for inclusion in the Offering Memorandum by Ron Duke and Bruce Croxon (the "Reviewers"), which review shxxx xx xomplexxx xx x xxxely basis, and in any event within two Business Days of receipt by the Reviewers of the Offering Memorandum, and which approval shall not be unreasonably withheld. For greater certainty, if no comments or objections are received from the Reviewers by the end of such two Business Day period, then the Reviewers shall be deemed to have consented to the disclosure. In addition, the Shareholders and the Company shall instruct the Auditors and use commercially reasonable efforts to otherwise cause the Auditors to cooperate with the Purchaser in connection with the Proposed Offering and to deliver, at the Purchaser's expense, "comfort letters", dated and delivered by no later than the date on which the Proposed Offering is priced and on which it is closed, in form and substance typically delivered in connection with offerings such as the Proposed Offering and the Offering Memorandum. Furthermore, the Shareholders and the Company shall cooperate with the Purchaser, and shall use commercially reasonable efforts to cause the conditions contained in Article 10 Auditors to be satisfied as soon as practicable and in provide to the Purchaser, at the Purchaser's expense, the requisite consents required to enable the Purchaser to fulfill any case requirements imposed on it by the Outside Date. (b) The BHP Billiton Parties shall makeUnited States Securities Exchange Act of 1934, as promptly as reasonably practicableamended, all necessary filings, notifications and other submissions with respect to or the Transaction as are required under the Antitrust Laws and Purchaser shall makeSecurities Act of 1933, as promptly as reasonably practicable, all necessary filings, notifications and other submissions with respect to the Transaction as are required under the Antitrust Laws and the Investment Canada Act to satisfy the condition set forth in Section 10.1(b) amended. (c) The BHP Billiton Parties and Purchaser shall co-operate and use good faith efforts to (i) give each other reasonable advance notice of all meetings or other oral communications with any Governmental Authority relating to the Regulatory Approvals, (ii) not participate independently in any such meeting or other oral communication without first giving the other party (or the other party's outside counsel) an opportunity to attend and participate in such meeting or other oral communication, unless otherwise required or requested by such Governmental Authority, (iii) if any Governmental Authority initiates an oral communication regarding the Regulatory Approvals, promptly notify the other party of the substance of such communication, (iv) provide each other with a reasonable advance opportunity to review and comment upon and consider in good faith the views of the other in connection with all written communications (including any filings, notifications, submissions, analyses, presentations, memoranda, briefs, arguments, opinions and proposals made or submitted by or on behalf of any party hereto) with a Governmental Authority regarding the Regulatory Approvals and (v) promptly provide each other with copies of all written communications to or from any Governmental Authority relating to the Regulatory Approvals, subject, in each of (i)-(v), to Section 8.3(g) and to the reasonable discretion of Purchaser in the case of meetings, discussions and oral or written communications related to the ICA Approval. (d) Purchaser will promptly notify the BHP Billiton Parties and the BHP Billiton Parties will promptly notify Purchaser upon: (i) becoming aware of any Order or any complaint requesting an Order restraining or enjoining the execution of this Agreement or the consummation of the transactions contemplated under this Agreement; or (ii) receiving any notice from any Governmental Authority of its intention: (A) to institute a suit or proceeding to restrain or enjoin the execution of this Agreement or the consummation of the transactions contemplated by this Agreement; or (B) to nullify or render ineffective this Agreement or such transactions if consummated. (e) Purchaser shall pay any requisite filing fees and applicable taxes in relation to any filing or application made in respect of the Regulatory Approvals. (f) Notwithstanding any requirement in this Section 8.3 in connection with obtaining the Canada Competition Act Approval, where a party (the "Disclosing Party") is required under this Section 8.3 to provide information to another party (a "Receiving Party") that the Disclosing Party deems to be competitively sensitive information, the Disclosing Party may restrict the provision of such competitively sensitive information only to the internal legal counsel and external legal counsel of the Receiving Party, provided that the Disclosing Party also provides a redacted version to the Receiving Party. (g) Notwithstanding any other provision of this Agreement, nothing in this Agreement shall require Purchaser to disclose to any person (including the BHP Billiton Parties) Purchaser's plans and undertakings submitted for the purpose of the review under the Investment Canada Act or any drafts thereof or any correspondence or discussions with respect thereto.