Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution: (1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares; (2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established; (3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares; (4) if the Company is authorized to issue shares of a class of shares with par value: (a) decrease the par value of those shares; or (b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares; (5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value; (6) alter the identifying name of any of its shares; or (7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 8 contracts
Samples: Business Combination Agreement (Pono Capital Three, Inc.), Amalgamation Agreement, Business Combination Agreement (Green Thumb Industries Inc.)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 6 contracts
Samples: Incorporation Agreement (Boart Longyear Australia Pty LTD), Incorporation Agreement, Credit Agreement (Timmins Gold Corp.)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolutionresolution of the directors:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4c) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or,
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares,
(iii) subdivide all or any of its unissued or fully paid issued shares with par value into shares of smaller par value, or
(iv) consolidate all or any of its unissued or fully paid issued shares with par value into shares of larger par value;
(5d) subdivide all or any of its unissued or fully paid issued shares without par value;
(e) change all or any of its unissued, unissued or fully paid issued, issued shares with par value into shares without par value or all or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares;
(g) consolidate all or any of its unissued or fully paid issued shares without par value; or
(7h) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 5 contracts
Samples: Amalgamation Agreement (Asep Medical Holdings Inc.), Amalgamation Agreement (Asep Medical Holdings Inc.), Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 3 contracts
Samples: Community Forest Agreement, Community Forest Agreement, Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 3 contracts
Samples: Business Combination Agreement (Screaming Eagle Acquisition Corp.), Merger Agreement (Lions Gate Entertainment Corp /Cn/), Amalgamation Agreement (Petaquilla Minerals LTD)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolutionresolution of the directors:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4c) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or,
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares,
(iii) subdivide all or any of its unissued or fully paid issued shares with par value into shares of smaller par value, or
(iv) consolidate all or any of its unissued or fully paid issued shares with par value into shares of larger par value;
(5d) subdivide all or any of its unissued or fully paid issued shares without par value;
(e) change all or any of its unissued, unissued or fully paid issued, issued shares with par value into shares without par value or all or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares;
(g) consolidate all or any of its unissued or fully paid issued shares without par value; or
(7h) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.the
Appears in 3 contracts
Samples: Amalgamation Agreement, Amalgamation Agreement, Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolutionmay:
(1) by directors' resolution or by ordinary resolution, in each case as determined by the directors:
(a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, unissued shares with par value into shares without par value or any of its unissued shares without par value into shares with par value or change all or any of its fully paid issued shares with par value into shares without par value;; or
(6f) alter the identifying name of any of its shares; orand
(72) by ordinary resolution otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Actstructure; and, if applicable, alter its Notice of Articles and, if applicable, alter its Articles, Articles accordingly.
Appears in 2 contracts
Samples: Amalgamation Agreement, Amalgamation Agreement
Alteration of Authorized Share Structure. 9.1 Subject to Article §9.2 and the Business Corporations Act, the Company may by special resolution:ordinary resolution (or a resolution of the directors in the case of §9.1(c) or §9.1(f)):
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations ActAct where it does not specify by a special resolution; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, Articles accordingly.
Appears in 2 contracts
Samples: Arrangement Agreement (Hawthorne Gold Corp.), Amending Agreement (Hawthorne Gold Corp.)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; . and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 2 contracts
Samples: Incorporation Agreement (QualTek Wireline LLC), Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article Articles 9.2 and 9.3 and the Business Corporations Act, the Company may may:
(1) by special ordinary resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4c) if the Company is authorized to issue shares of a class of shares with par value:
(aA) decrease the par value of those shares; or
(bB) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5d) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6e) alter the identifying name of any of its shares; or
(7f) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; , and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
(2) by directors’ resolution or ordinary resolution, subdivide or consolidate all or any of its unissued, or fully paid issued, shares and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 2 contracts
Samples: Arrangement Agreement (Bausch & Lomb Corp), Arrangement Agreement (Bausch Health Companies Inc.)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special directors’ resolution or ordinary resolution, unless an alteration to the Company's Notice of Articles would be required, in which case by ordinary resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 2 contracts
Samples: Transaction Agreement, Transaction Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.the
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may may, by special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any class or series of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 2 contracts
Samples: Class a Preferred Share Purchase Agreement (Mechanical Technology Inc), Business Combination Agreement
Alteration of Authorized Share Structure. (a) Subject to Article 9.2 and the Business Corporations Act, the Company may by special directors resolution:
(1i) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(ii) if the Company is authorized to issue shares of a class of shares with par value:
A) decrease the par value of those shares; or
B) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(iii) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(iv) alter the identifying name of any of its shares; or
(v) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act.
(b) Subject to Article 9.2 and the Business Corporations Act, the Company may by directors resolution:
(i) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2ii) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;; Norton Xxxx Xxxxxxxxx Canada llp
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolutionresolution of the directors:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4c) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or,
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares,
(iii) subdivide all or any of its unissued or fully paid issued shares with par value into shares of smaller par value, or
(iv) consolidate all or any of its unissued or fully paid issued shares with par value into shares of larger par value;
(5d) subdivide all or any of its unissued or fully paid issued shares without par value;
(e) change all or any of its unissued, unissued or fully paid issued, issued shares with par value into shares without par value or all or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares;
(g) consolidate all or any of its unissued or fully paid issued shares without par value; or
(7h) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business theBusiness Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Amalgamation Agreement (Blox, Inc.)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are is allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are is allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Alteration of Authorized Share Structure. Subject to Article 9.2 10.2 and the Business Corporations Act, the Company may by special directors resolution subdivide or consolidate all or any of its unissued, or fully paid issued shares and if applicable, alter its Notice of Articles and, if applicable, Articles, accordingly; and subject to Article 10.2 and the Business Corporations Act, the Company may by ordinary resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4c) if the Company is authorized to issue shares of a class of shares share with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;; DocuSign Envelope ID: 88DE1037-A4D4-482C-8C37-CB14D0B09E70
(5d) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6e) alter the identifying name of any of its shares; or
(7f) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles andArticles, and if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Merger Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Articles and Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Business Combination Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special ordinary resolution or by directors’ resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce reduce, or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid and issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid and issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; , and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Incorporation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may may:
(a) either by special directors’ resolution or by ordinary resolution, at the election of the directors in their sole discretion:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) : i decrease the par value of those shares; or
(b) or ii if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or;
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, or
(b) by ordinary resolution otherwise alter its shares or authorized share structure; and alter its Articles and Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Business Combination Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolutionresolution of the directors:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subject to Article 26.5 and Article 27.5, subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; . and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Business Combination Agreement (Acreage Holdings, Inc.)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special ordinary resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares share with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(4) subdivide or consolidate all or any of its unissued, or full paid issued, shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are is allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are is allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.the
Appears in 1 contract
Samples: Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special ordinary resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without wi thout par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by directors resolution or special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Business Combination Agreement (Plum Acquisition Corp. III)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:resolution:
(1) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4) if the Company is authorized to issue shares of a class of shares with par value:
(a) decrease the par value of those shares; or
(b) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6) alter the identifying name of any of its shares; or
(7) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolutionresolution of the board of directors:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its the unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; andThe Company may, if applicableby resolution of the board of directors, authorize and cause the Company to alter its Notice of Articles andand Articles, if as applicable, its Articles, accordinglyto reflect any change in the authorized share structure of the Company pursuant to Article 9.1 or otherwise.
Appears in 1 contract
Samples: Amalgamation Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special directors resolution subdivide or consolidate all or any of its unissued, or fully paid issued shares and if applicable, alter its Notice of Articles and, if applicable, Articles, accordingly; and subject to Article Error! Reference source not found. and the Business Corporations Act, the Company may by ordinary resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are is allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4c) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are is allotted or issued, increase the par value of those shares;
(5d) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6e) alter the identifying name of any of its shares; or
(7f) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.the
Appears in 1 contract
Samples: Merger Agreement
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may may, by special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any class or series of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.. CAN: 28357429.1
Appears in 1 contract
Samples: Business Combination Agreement (Acreage Holdings, Inc.)
Alteration of Authorized Share Structure. Subject to Article 9.2 and the Business Corporations Act, the Company may by special resolution:
(1a) create one or more classes or series of shares or, if none of the shares of a class or series of shares are allotted or issued, eliminate that class or series of shares;
(2b) increase, reduce or eliminate the maximum number of shares that the Company is authorized to issue out of any class or series of shares or establish a maximum number of shares that the Company is authorized to issue out of any class or series of shares for which no maximum is established;
(3c) subdivide or consolidate all or any of its unissued, or fully paid issued, shares;
(4d) if the Company is authorized to issue shares of a class of shares with par value:
(ai) decrease the par value of those shares; or
(bii) if none of the shares of that class of shares are allotted or issued, increase the par value of those shares;
(5e) change all or any of its unissued, or fully paid issued, shares with par value into shares without par value or any of its unissued shares without par value into shares with par value;
(6f) alter the identifying name of any of its shares; or
(7g) otherwise alter its shares or authorized share structure when required or permitted to do so by the Business Corporations Act; and, if applicable, alter its Notice of Articles and, if applicable, its Articles, accordingly.
Appears in 1 contract
Samples: Share Purchase Agreement