Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser and the Company, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Securityholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting provided that the Purchaser shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser and the Company; and (ii) if required by the Court, it is consented to by the Affected Securityholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:
Appears in 4 contracts
Samples: Amending Agreement (Klondex Mines LTD), Amending Agreement (Hecla Mining Co/De/), Amending Agreement (Klondex Mines LTD)
Amendments to Plan of Arrangement. (a) The Purchaser Buyer and the Company reserve the right to may amend, modify or and/or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Time; provided that, provided that each such amendment, modification or and/or supplement must be must: (i) be set out in writing, ; (ii) agreed to in writing be approved by the Purchaser Buyer and the Company, ; (iii) be filed with the Court and, if made following the Company Meeting, approved by the Court, ; and (iv) be communicated to Affected Securityholders Company Shareholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company or the Buyer at any time prior to the Company Meeting (provided that the Purchaser Company or the Buyer, as applicable, shall have consented thereto in writing, ) with or without any other prior notice or communication, communication and, if so proposed and accepted by the persons Persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser Buyer and the CompanyCompany (in each case, acting reasonably); and (ii) if required by the Court, it is consented to by holders of the Affected Securityholders Company Shares, voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 2 contracts
Samples: Arrangement Agreement, Arrangement Agreement
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser and the Company, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Securityholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting provided that the Purchaser shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser and the Company; and (ii) if required by the Court, it is consented to by the Affected Securityholders voting in the manner directed by the Court. The Class A Common Shares shall have the following rights, privileges, restrictions and conditions attached thereto:
Appears in 2 contracts
Samples: Arrangement Agreement (Hecla Mining Co/De/), Arrangement Agreement (Klondex Mines LTD)
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser and the Company, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders or former holders of Company Shares if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting provided that the Purchaser shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by the Purchaser provided that it concerns a matter which, in the reasonable opinion of the Purchaser, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the financial or economic interests of any Former Company Shareholder, and such amendments, modifications or supplements need not be filed with the Court or communicated to the Former Company Shareholders. Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser and the Company; and (ii) if required by the Court, it is consented to by the Affected Securityholders Company Shareholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 2 contracts
Samples: Arrangement Agreement First Amending Agreement (Coral Gold Resources, Ltd.), Arrangement Agreement (Coral Gold Resources, Ltd.)
Amendments to Plan of Arrangement. (a) The Purchaser New Gold and the Company Peak reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser New Gold and the CompanyPeak, (iii) filed with the Court and, if made following the Company Peak Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders or former holders of Peak Common Shares if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Peak at any time prior to the Company Peak Meeting provided that the Purchaser New Gold shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Peak Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Peak Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser New Gold and the CompanyPeak; and (ii) if required by the Court, it is consented to by holders of the Affected Securityholders Peak Common Shares voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 2 contracts
Samples: Business Combination Agreement (New Gold Inc. /FI), Business Combination Agreement (Metallica Resources Inc)
Amendments to Plan of Arrangement. (a) The Purchaser Acquiror and the Company Target reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser Acquiror and the CompanyTarget, (iii) filed with the Court and, if made following the Company Target Meeting, approved by the Court, and (iv) communicated to Affected Securityholders Target Shareholders or Former Target Shareholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Target at any time prior to the Company Target Meeting provided that the Purchaser Acquiror shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Target Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Target Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser Acquiror and the CompanyTarget; and (ii) if required by the Court, it is consented to by the Affected Securityholders Target Shareholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:SCHEDULE B TO THE ARRANGEMENT AGREEMENT
Appears in 1 contract
Amendments to Plan of Arrangement. (a) The Purchaser and the Company parties reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be be: (i) set out in writing, ; (ii) agreed to in writing by the Purchaser and the Company, parties; (iii) filed with the Court and, if made following the Company UNE Meeting, approved by the Court, ; and (iv) communicated to Affected Securityholders UNE Shareholders or Former UNE Shareholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company UNE at any time prior to the Company UNE Meeting provided that the Purchaser Altima shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons UNE Shareholders voting at the Company UNE Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company UNE Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser and the Companyparties; and (ii) if required by the Court, it is consented to by the Affected Securityholders UNE Shareholders voting in the manner directed by the Court. The Class A Shares shall have .
(d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the following rightsEffective Time unilaterally by Altima, privilegesprovided that it concerns a matter that, restrictions in the reasonable opinion of Altima, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and conditions attached thereto:is not adverse to the economic interest of any Former UNE Shareholder.
(e) This Plan of Arrangement may be withdrawn prior to the occurrence of any of the events in Section 3.01 in accordance with the terms of the Combination Agreement.
Appears in 1 contract
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser and the Company, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Company Securityholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting provided that the Purchaser shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser and the Company; and (ii) if required by the Court, it is consented to by the Affected Company Securityholders voting in the manner directed by the Court. The Class A Shares shall .
(d) Notwithstanding the foregoing provisions of this Section 6.01, any amendment, modification or supplement to this Plan of Arrangement may be made by the Purchaser and the Company without the approval or communication to the Court or Company Securityholders, provided that it concerns a matter that, in the reasonable opinion of the Purchaser and the Company, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and does not have the following rights, privileges, restrictions effect of reducing the Consideration and conditions attached thereto:is not otherwise adverse to the economic interest of any Company Securityholder.
Appears in 1 contract
Samples: Arrangement Agreement (Gold Standard Ventures Corp.)
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve Avenor reserves the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or and/or supplement must be (i) set out in writing, (ii) agreed to in writing approved by the Purchaser and the CompanyBowater, (iii) filed with the Court and, if made following the Company Avenor Shareholders' Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders of Avenor Common Shares if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Avenor at any time prior to the Company Avenor Shareholders' Meeting (provided that the Purchaser Bowater shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons Persons voting at the Company Avenor Shareholders' Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Avenor Shareholders' Meeting shall be effective only if: if (i) it is consented to in writing by each of the Purchaser Avenor and the Company; Bowater, and (ii) if required by the Court, it is consented to by holders of the Affected Securityholders Avenor Common Shares voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 1 contract
Samples: Arrangement Agreement (Bowater Inc)
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser and the Company, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Securityholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting provided that the Purchaser shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser and the Company; and (ii) if required by the Court, it is consented to by the Affected Securityholders voting in the manner directed by the Court. Schedule “A” to Plan of Arrangement Special Rights and Restrictions of the Class A Shares The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:
Appears in 1 contract
Samples: Amending Agreement
Amendments to Plan of Arrangement. (a) The Purchaser Acquiror and the Company Claude reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser Acquiror and the CompanyClaude, (iii) filed with the Court and, if made following the Company Claude Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders or former holders of Claude Shares if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Claude at any time prior to the Company Claude Meeting provided that the Purchaser Acquiror shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Claude Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Claude Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser Acquiror and the CompanyClaude; and (ii) if required by the Court, it is consented to by the Affected Securityholders Claude Shareholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 1 contract
Samples: Arrangement Agreement (Silver Standard Resources Inc)
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve ACI reserves the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Date, provided that each such amendment, modification or and/or supplement must be (i) set out in writing, (ii) agreed to in writing approved by the Purchaser and the CompanyBowater, (iii) filed with the Court and, if made following the Company ACI Meeting, approved by the Court, Court and (iv) communicated to Affected Securityholders holders of ACI Common Shares, if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company ACI at any time prior to the Company ACI Meeting (provided that the Purchaser Bowater shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons voting at the Company ACI Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company ACI Meeting shall be effective only if: if (i) it is consented to in writing by each of the Purchaser ACI and the Company; Bowater and (ii) if required by the Court, it is consented to by holders of the Affected Securityholders ACI Common Shares, voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 1 contract
Samples: Merger Agreement (Bowater Inc)
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve Corporation reserves the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Date, provided that each such amendment, modification and/ or supplement must be (i) set out in writing, (ii) agreed to in writing approved by the Purchaser and the CompanyADSX, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders of Common Shares if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Corporation at any time prior to the Company Meeting (provided that the Purchaser ADSX shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons Persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: if (i) it is consented to in writing by each of the Purchaser Corporation and the Company; ADSX, and (ii) if required by the Court, it is consented to by holders of the Affected Securityholders Common Shares voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 1 contract
Amendments to Plan of Arrangement. (a1) The Purchaser SSR and the Company Alacer reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Date, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser SSR and the CompanyAlacer, (iii) filed with the Court and, if made following the Company Alacer Meeting, approved by the Court, and (iv) communicated to Affected Securityholders Alacer Shareholders if and as required by the Court.
(b2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Alacer at any time prior to the Company Alacer Meeting provided that the Purchaser SSR shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Alacer Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c3) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Alacer Meeting shall be effective only if: if (i) it is consented to in writing by each of the Purchaser SSR and the Company; Alacer, each acting reasonably, and (ii) if required by the Court, it is consented to by the Affected Securityholders Alacer Shareholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 1 contract
Amendments to Plan of Arrangement. (a) The Purchaser Kinross and the Company Bema reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser Kinross and the CompanyBema, (iii) filed with the Court and, if made following the Company Bema Meeting, approved by the Court, and (iv) communicated to Affected Securityholders Former Bema Shareholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Bema at any time prior to the Company Bema Meeting provided that the Purchaser Kinross shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Bema Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Bema Meeting shall be effective only if: if (i) it is consented to in writing by each of the Purchaser Kinross and the Company; Bema, and (ii) if required by the Court, it is consented to by holders of the Affected Securityholders Bema Common Shares voting in the manner directed by the Court.
1. One or More Series - The Class A Shares shall have the following rights, privileges, restrictions preferred shares may at any time and conditions attached thereto:from time to time be issued in one or more series.
Appears in 1 contract
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to shall not amend, modify or and/or supplement this Plan of Arrangement at any time and from time prior to time, provided that the Effective Date unless each such amendment, modification or and/or supplement must be is (i) set out in writing, (ii) agreed to in writing approved by the Purchaser and the CompanyParent, (iii) filed with the Court and, if made following the Company Securityholders’ Meeting, approved by the Court, and (iv) communicated to Affected Company Securityholders if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Securityholders’ Meeting (provided that the Purchaser Parent shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons Persons voting at the Company Securityholders’ Meeting (other than as may be required under subject to the requirements set forth in the Interim Order), shall will become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Securityholders’ Meeting shall will be effective only if: if (i) it is consented to in writing by each of the Purchaser Company and the Company; Parent, and (ii) if required by the Court, it is consented to by the Affected Company Securityholders voting in the manner directed by the Court. The Class A Exchangeable Shares of 6789722 Canada Inc. (the “Corporation”) shall have the following rights, privileges, restrictions and conditions attached theretoconditions:
Appears in 1 contract
Samples: Arrangement Agreement (Counterpath Solutions, Inc.)
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to INSINC may amend, modify or and/or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Date, provided that each such amendment, modification or and/or supplement must be be:
(i) set out in writing, ;
(ii) agreed to in writing approved by the Purchaser and the Company, NeuLion;
(iii) filed with the Court and, if made following the Company INSINC Meeting, approved by the Court, and ; and
(iv) communicated to Affected Securityholders INSINC Shareholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company INSINC at any time prior to the Company INSINC Meeting (provided that the Purchaser NeuLion shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons voting at the Company INSINC Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company INSINC Meeting shall be effective only if: :
(i) it is consented to in writing by each of the Purchaser INSINC and the CompanyNeuLion (in each case, acting reasonably); and and
(ii) if required by the Court, it is consented to by the Affected Securityholders INSINC Shareholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 1 contract
Amendments to Plan of Arrangement. (a) The Purchaser PTC and the Company MKS reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be be: (i) set out in writing, ; (ii) agreed to in writing by the Purchaser PTC and the Company, MKS; (iii) filed with the Court and, if made following the Company MKS Meeting, approved by the Court, ; and (iv) communicated to Affected Securityholders holders or former holders of MKS Common Shares if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company MKS at any time prior to the Company MKS Meeting provided that the Purchaser PTC shall have consented thereto in writing, with or without any other prior notice or communicationcommunication (other than as may be required under the Interim Order), and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order)MKS Meeting, shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company MKS Meeting shall be effective only if: (i) it is consented to in writing by each of PTC and MKS; (ii) it is filed with the Purchaser and the Company; Court and (iiiii) if required by the Court, it is consented to by holders of the Affected Securityholders MKS Shares voting in the manner directed by the Court. The Class A Shares shall have .
(d) This Plan of Arrangement may be withdrawn prior to the following rights, privileges, restrictions and conditions attached thereto:Effective Time in accordance with the terms of the Arrangement Agreement.
Appears in 1 contract
Amendments to Plan of Arrangement. (a) The Purchaser Purchaser, and the Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser Purchaser, and the Company, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders or former holders of Company Shares if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting provided that the Purchaser Purchaser, shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser Purchaser, and the Company; and (ii) if required by the Court, it is consented to by the Affected Securityholders Company Shareholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
Appears in 1 contract
Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve Alliance reserves the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or and/or supplement must be (i) set out in writing, (ii) agreed to in writing approved by the Purchaser and the CompanyBowater, (iii) filed with the Court and, if made following the Company Alliance Shareholders' Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders of Alliance Common Shares if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Alliance at any time prior to the Company Alliance Shareholders' Meeting (provided that the Purchaser Bowater shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, if so proposed and accepted by the persons Persons voting at the Company Alliance Shareholders' Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Alliance Shareholders' Meeting shall be effective only if: if (i) it is consented to in writing by each of the Purchaser Alliance and the Company; Bowater, and (ii) ), if required by the Court, it is consented to by holders of the Affected Securityholders Alliance Common Shares voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:EXHIBIT 1 PROVISIONS ATTACHING TO THE NON-VOTING EXCHANGEABLE SHARES OF BOWATER CANADA INC.
Appears in 1 contract
Samples: Arrangement Agreement (Bowater Inc)
Amendments to Plan of Arrangement. (a) The Purchaser HudBay and the Company Skye reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser HudBay and the CompanySkye, (iii) filed with the Court and, if made following the Company Skye Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders or former holders of Skye Shares if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Skye at any time prior to the Company Skye Meeting provided that the Purchaser HudBay shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Skye Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Skye Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser HudBay and the CompanySkye; and (ii) if required by the Court, it is consented to by holders of the Affected Securityholders Skye Shares voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
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Amendments to Plan of Arrangement. (a) The Purchaser Acquiror and the Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by the Purchaser Acquiror and the Company, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to Affected Securityholders holders or former holders of Company Shares if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting provided that the Purchaser Acquiror shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Company Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of the Purchaser Acquiror and the Company; and (ii) if required by the Court, it is consented to by the Affected Company Securityholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
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Amendments to Plan of Arrangement. (a) The Purchaser and the Company reserve the right to will not amend, modify or supplement this Plan of Arrangement at any time and from time prior to time, provided that the Effective Date unless each such amendment, modification or supplement must be is (i) set out in writing, (ii) agreed to in writing approved by the Purchaser and the CompanyParent, (iii) filed with the Court and, if made following the Company Shareholders’ Meeting, approved by the Court, and (iv) communicated to Affected Securityholders Company Shareholders if and as required by the Court.
(b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Shareholders’ Meeting (provided that the Purchaser shall Parent will have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons Persons voting at the Company Shareholders’ Meeting (other than as may be required under subject to the requirements set forth in the Interim Order), shall will become part of this Plan of Arrangement for all purposes.
(c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Shareholders’ Meeting shall will be effective only if: if (i) it is consented to in writing by each of the Purchaser Company and the Company; Parent, and (ii) if required by the Court, it is consented to by the Affected Securityholders Company Shareholders voting in the manner directed by the Court. The Class A Shares shall have the following rights, privileges, restrictions and conditions attached thereto:.
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