Common use of Adjustments Regarding Tax Clause in Contracts

Adjustments Regarding Tax. Notwithstanding anything contained in this Section 2.3 to the contrary, the Corporation shall be entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 2.3, as and to the extent that in their good faith judgment the Board of Directors shall determine to be advisable, in order that any: (i) consolidation or subdivision of Common Shares; (ii) issuance (wholly or in part for cash) of Common Shares or Convertible Securities; (iii) stock dividends; or (iv) issuance of rights, options or warrants referred to in this Section 2.3, hereafter made by the Corporation to holders of its Common Shares, shall not be taxable to such shareholders.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Polymet Mining Corp), Shareholder Rights Plan Agreement (Polymet Mining Corp), Shareholder Rights Plan Agreement (Polymet Mining Corp)

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Adjustments Regarding Tax. Notwithstanding anything contained in this Section section 2.3 to the contrary, the Corporation shall be entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section section 2.3, as and to the extent that in their good faith judgment the Board of Directors shall determine to be advisable, in order that any: (i) consolidation or subdivision of Common Shares; (ii) issuance (wholly or in part for cash) of Common Shares or Convertible Securities; (iii) stock dividends; or (iv) issuance of rights, options or warrants referred to in this Section section 2.3, hereafter made by the Corporation to holders of its Common Shares, shall not be taxable to such shareholdersshareholders or, if applicable, minimize any tax consequence to shareholders considered as a whole.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (MFC Industrial Ltd.)

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