Adjustments for Dividends, Distributions or other Corporate Events. If on or after the date hereof, either Party: (a) splits, consolidates or reclassifies any of its common shares; (b) undertakes any other capital reorganization; or (c) declares, sets aside or pays any dividend or other distribution to its shareholders of record as of a time prior to the Effective Date, the Parties hereto shall make such adjustments to the Arrangement, including the Arrangement Consideration, as they determine acting in good faith to be necessary to restore the original intention of the Parties in the circumstances.
Adjustments for Dividends, Distributions or other Corporate Events. If on or after the date hereof, either Party: (i) splits, consolidates or reclassifies any of its common shares; (ii) undertakes any other capital reorganization; or (iii) declares, sets aside or pays any dividend or other distribution to its shareholders of record as of a time prior to the Effective Date (other than the declaration or payment of semi-annual dividends by XxXxxx Mining in amount not to exceed US$0.005 per XxXxxx Mining Share), the Parties hereto shall make such adjustments to the Arrangement, including the Arrangement Consideration and the Arrangement Consideration Factor, as they determine acting in good faith to be necessary to restore the original intention of the Parties in the circumstances (and in the case of any dividend or other distribution to shareholders, other than semi- annual dividends of XxXxxx Mining noted above, the adjustment shall be on the basis of 3 times the amount or value of any such dividend or other distribution).
