Common use of Amendments to Plan of Arrangement Clause in Contracts

Amendments to Plan of Arrangement. (a) Goldrock reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by Fortuna and Goldrock; (iii) filed with the Court and, if made following the Goldrock Meeting, approved by the Court; and (iv) communicated to holders or former holders of Goldrock Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock at any time prior to the Goldrock Meeting; provided, however, that Fortuna 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 Goldrock 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 Goldrock Meeting shall be effective only if: (i) it is consented to in writing by each of Fortuna and Goldrock; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of Goldrock Shares voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) Goldrock The Company reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Time, provided, however, provided that each such amendment, modification or supplement must be: be (i) set out in writing; , (ii) agreed to in writing approved by Fortuna and Goldrock; the Purchaser, (iii) filed with the Court and, if made following the Goldrock Exeter Meeting, approved by the Court; Court and (iv) communicated to holders or former holders of Goldrock Shares approved by the Exeter Shareholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock the Company at any time prior to the Goldrock Meeting; provided, however, Exeter Meeting (provided that Fortuna shall have the Purchaser has consented thereto in writing, thereto) with or without any other prior notice or communication, communication and, if so proposed and accepted by the persons voting at the Goldrock Exeter Meeting (other than as may be required under 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 Goldrock Exeter Meeting shall will be effective only if: if such amendment, modification or supplement (i) it is consented to in writing by each of Fortuna the Company and Goldrock; the Purchaser and (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the CourtCourt or applicable law, it is consented to by holders of Goldrock Shares Exeter Shareholders voting in the manner directed by the Court. (d) This Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior 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 Effective Time in accordance with implementation of this Plan of Arrangement and is not adverse to the terms financial or economic interests of the Arrangement Agreementany Former Exeter Shareholder.

Amendments to Plan of Arrangement. (a) Goldrock reserves the right to The Company 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, however, provided that each such amendment, modification or and/or supplement must be: (i) be set out in writing; , (ii) agreed to in writing be approved by Fortuna and Goldrock; Purchaser, (iii) filed with the Court and, if made following the Goldrock Company Meeting, approved by the Court; , and (iv) communicated to holders or former holders of Goldrock Shares Company Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock the Company at any time prior to the Goldrock Meeting; provided, however, Company Meeting (provided that Fortuna Purchaser 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 Goldrock Company Meeting (other than including 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 Goldrock Company Meeting shall be effective only if: (i) it is consented to in writing by each of Fortuna the Company and GoldrockPurchaser (in each case, acting reasonably); and (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of Goldrock Shares some or all of the Company Securityholders voting in the manner directed by the Court. (d) This Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made following the Effective Date unilaterally by Purchaser, provided that it concerns a matter which, in the reasonable opinion of Purchaser, is of an administrative nature required to better give effect to the Effective Time in accordance with implementation of this Plan of Arrangement and is not adverse to the terms economic interest of the Arrangement Agreementany former holder of Company Securities.

Amendments to Plan of Arrangement. (a) Goldrock reserves 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, however, provided that each such amendment, modification or supplement must be: be (i) set out in writing; (ii) agreed to in writing by Fortuna Acquiror and Goldrockthe Company; (iii) filed with the Court and, if made following the Goldrock Company Meeting, approved by the Court; and (iv) communicated to holders or former holders of Goldrock Company Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock the Company at any time prior to the Goldrock Meeting; provided, however, Company Meeting provided that Fortuna 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 Goldrock 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 Goldrock Company Meeting shall be effective only if: (i) it is consented to in writing by each of Fortuna Acquiror and Goldrockthe Company; and (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of Goldrock Shares the Company Securityholders voting in the manner directed by the Court. (d) This Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made by Acquiror and the Company without the approval or communication to the Effective Time Court or Company Securityholders, provided that it concerns a matter that, in accordance with the terms reasonable opinion of Acquiror and the Company, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement Agreementand does not have the effect of reducing the Consideration and is not otherwise adverse to the economic interest of any Company Securityholder.

Amendments to Plan of Arrangement. (a) Goldrock Fairmont 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, however, 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 Fortuna and Goldrock; Purchaser, (iii) filed with the Court and, if made following the Goldrock Fairmont Meeting, approved by the Court; Court and (iv) communicated to holders or former holders of Goldrock Fairmont Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock Fairmont at any time prior to the Goldrock Meeting; provided, however, Fairmont Meeting (provided that Fortuna Purchaser 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 Goldrock Fairmont 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 Goldrock Fairmont Meeting shall be effective only if: if (i) it is consented to in writing by each of Fortuna Fairmont and Goldrock; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of Goldrock the Fairmont Shares voting in the manner directed by the Court. (d) This Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made following the Effective Date unilaterally by Purchaser, provided that it concerns a matter which, in the reasonable opinion of Purchaser, is of an administrative nature required to better give effect to the Effective Time in accordance with implementation of this Plan of Arrangement and is not adverse to the terms financial or economic interests of the Arrangement Agreementany holder of Fairmont Shares.

Amendments to Plan of Arrangement. (a) Goldrock reserves the right to The Parties 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, however, 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 Fortuna and Goldrock; the Parties, each acting reasonably, (iii) filed with the Court and, if made following the Goldrock Unitholder Meeting, approved by the Court; , and (iv) communicated to holders or former holders of Goldrock Shares the Affected Securityholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock any of the Parties at any time prior to the Goldrock Meeting; provided, however, Unitholder Meeting (provided that Fortuna the other Parties 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 Goldrock Unitholder Meeting (other than as may be required under pursuant to 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 Goldrock Unitholder Meeting shall be effective only if: if (i) it is consented to in writing by each of Fortuna the Parties (in each case, acting reasonably), and Goldrock; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) if and (iii) if as required by the Court, it is consented after communication to by holders of Goldrock Shares voting in the manner directed by the CourtREIT Unitholders. (d) This Notwithstanding anything to the contrary contained herein, any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made by the Parties at any time and from time to time without the approval of or communication to the Effective Time Court or the REIT Unitholders, provided that each such amendment, modification and/or supplement concerns a matter which, in accordance with the terms reasonable opinion of each Party, is of an administrative nature or required to better give effect to the implementation of this Plan of Arrangement Agreementand is not adverse to the economic interest of any REIT Unitholder.

Amendments to Plan of Arrangement. (a) Goldrock reserves Aris and GCM reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, provided that each such amendment, modification or supplement must be: be (i) set out in writing; , (ii) agreed to in writing by Fortuna Xxxx and Goldrock; GCM, (iii) filed with the Court and, if made following the Goldrock Aris Meeting, approved by the Court; , and (iv) communicated to holders or former holders of Goldrock Aris Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock Aris at any time prior to the Goldrock Meeting; provided, however, Aris Meeting provided that Fortuna GCM 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 Goldrock Aris Meeting (other than as may be required under the Interim Order), as applicable, 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 Goldrock Aris Meeting shall be effective only if: (i) it is consented to in writing by each of Fortuna Aris and GoldrockGCM; and (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of Goldrock the Aris Shares voting in the manner directed by the Court. (d) This Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made following the Effective Date unilaterally by GCM provided that it concerns a matter which, in the reasonable opinion of GCM, is of an administrative nature required to better give effect to the Effective Time in accordance with the terms implementation of the this Plan of Arrangement Agreementand is not adverse to any Former Aris Shareholder.

Amendments to Plan of Arrangement. (a1) Goldrock Trimark 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 Time, provided, however, 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 Fortuna and Goldrock; AMVESCAP, (iii) filed with the Court and, if made following the Goldrock Trimark Meeting, approved by the Court; , and (iv) communicated to holders or former holders of Goldrock Trimark Common Shares and Trimark Options if and as required by the Court. (b2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock Trimark at any time prior to the Goldrock Meeting; provided, however, Trimark Meeting (provided that Fortuna AMVESCAP 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 Goldrock Trimark 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 or directed by the Court following the Goldrock Trimark Meeting shall be effective only if: (i) if it is consented to in writing by each of Fortuna Trimark, Exchangeco and Goldrock; AMVESCAP and (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of Goldrock the Trimark Common Shares and Trimark Options voting in the manner directed by the Court. (d4) This Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made following the Effective Date unilaterally by AMVESCAP, provided that it concerns a matter which, in the reasonable opinion of AMVESCAP, is of an administrative nature required to better give effect to the Effective Time in accordance implementation of this Plan of Arrangement and is not adverse or prejudicial to the financial or economic interests of any holder of Exchangeable Shares or Debentures or any Person who, upon compliance with the terms and conditions set out herein, is entitled to become a holder of the Arrangement AgreementExchangeable Shares or Debentures.

Amendments to Plan of Arrangement. (a) Goldrock Boomerang 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, however, 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 Fortuna and Goldrock; LoJack, (iii) filed with the Court and, if made following the Goldrock Boomerang Meeting, approved by the Court; Court and (iv) communicated to holders or former holders of Goldrock Boomerang Common Shares and Boomerang Options if and as required by the Court. (b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Goldrock Boomerang at any time prior to the Goldrock Meeting; provided, however, Boomerang Meeting (provided that Fortuna LoJack 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 Goldrock Boomerang 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 Goldrock Boomerang Meeting shall be effective only if: if (i) it is consented to in writing by each of Fortuna Boomerang, LoJack Exchangeco and Goldrock; LoJack and (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of Goldrock the Boomerang Common Shares and Boomerang Options voting in the manner directed by the Court. (d) This . Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made following the Effective Date unilaterally by LoJack, provided that it concerns a matter which, in the reasonable opinion of LoJack, is of an administrative nature required to better give effect to the Effective Time in accordance with implementation of this Plan of Arrangement and is not adverse to the terms financial or economic interests of the Arrangement Agreementany holder of Boomerang Common Shares or Boomerang Options.