Common use of Amendments to Plan of Arrangement Clause in Contracts

Amendments to Plan of Arrangement. (a) EFI and Xxxxxxx 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 EFI and Xxxxxxx, (iii) filed with the Court if required by the Interim Order and, if made following the Xxxxxxx Meeting, approved by the Court, and (iv) communicated to holders or former holders of Xxxxxxx Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Xxxxxxx at any time prior to the Xxxxxxx Meeting provided that EFI shall have consented thereto in writing, and, if so proposed and accepted by the persons voting at the Xxxxxxx 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 Xxxxxxx Meeting shall be effective only if: (i) it is consented to in writing by each of EFI and Xxxxxxx; and (ii) if required by the Court, it is consented to by holders of the Xxxxxxx Shares voting in the manner directed by the Court.

Amendments to Plan of Arrangement. (a) EFI and Xxxxxxx 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 EFI and XxxxxxxBowater, (iii) filed with the Court if required by the Interim Order and, if made following the Xxxxxxx ACI Meeting, approved by the Court, Court and (iv) communicated to holders or former holders of Xxxxxxx Shares 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 Xxxxxxx ACI at any time prior to the Xxxxxxx ACI Meeting (provided that EFI Bowater shall have consented thereto in writingthereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons voting at the Xxxxxxx 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 Xxxxxxx ACI Meeting shall be effective only if: if (i) it is consented to in writing by each of EFI ACI and Xxxxxxx; Bowater and (ii) if required by the Court, it is consented to by holders of the Xxxxxxx Shares ACI Common Shares, voting in the manner directed by the Court. (d) Notwithstanding Section 6.1(a) hereof, any amendment, modification or supplement to this Plan of Arrangement may be made at any time and from time to time prior to the Effective Date unilaterally by written agreement of ACI and Bowater, provided that it concerns a matter which, in the reasonable opinion of ACI and Bowater, 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 holder of ACI Common Shares, ACI Stock Options and ACI Share-Based Award.

Amendments to Plan of Arrangement. (a) EFI NEW GOLD and Xxxxxxx GEO 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 EFI NEW GOLD and XxxxxxxGEO, (iii) filed with the Court if required by the Interim Order and, if made following the Xxxxxxx GEO Meeting, approved by the Court, and (iv) communicated to holders or former holders of Xxxxxxx Shares GEO Common Shares, GEO Warrants or GEO Options, if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Xxxxxxx GEO at any time prior to the Xxxxxxx GEO Meeting provided that EFI 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 Xxxxxxx GEO 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 Xxxxxxx GEO Meeting shall be effective only if: (i) it is consented to in writing by each of EFI NEW GOLD and XxxxxxxGEO; and (ii) if required by the Court, it is consented to by holders of the Xxxxxxx Shares GEO Securityholder voting in the manner directed by the Court.

Amendments to Plan of Arrangement. (a) EFI and Xxxxxxx reserve Avion reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided provided, however, that each such amendment, modification or supplement must be be: (i) set out in writing, ; (ii) agreed to in writing by EFI Endeavour and Xxxxxxx, Avion; (iii) filed with the Court if required by the Interim Order and, if made following the Xxxxxxx Avion Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Xxxxxxx Shares Avion Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Xxxxxxx Avion at any time prior to the Xxxxxxx Meeting provided Avion Meeting; provided, however, that EFI Endeavour 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 Xxxxxxx Avion 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 Xxxxxxx Avion Meeting shall be effective only if: (i) it is consented to in writing by each of EFI Endeavour and XxxxxxxAvion; (ii) it is filed with the Court (other than amendments contemplated in Subsection 7.1(d), which shall not require such filing) and (iiiii) if required by the Court, it is consented to by holders of the Xxxxxxx Avion Shares voting in the manner directed by the Court.

Amendments to Plan of Arrangement. (a) EFI HudBay and Xxxxxxx Xxxxxx 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 EFI HudBay and Xxxxxxx, Xxxxxx; (iii) filed with the Court if required by the Interim Order and, if made following the Xxxxxxx Xxxxxx Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Xxxxxxx Xxxxxx Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Xxxxxxx Xxxxxx at any time prior to the Xxxxxxx Xxxxxx Meeting provided that EFI 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 Xxxxxxx Xxxxxx 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 Xxxxxxx Xxxxxx Meeting shall be effective only if: (i) it is consented to in writing by each of EFI HudBay and XxxxxxxXxxxxx; and (ii) if required by the Court, it is consented to by holders of the Xxxxxxx Xxxxxx Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Time unilaterally by HudBay, provided that it concerns a matter that, in the reasonable opinion of HudBay, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any Former Xxxxxx 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 Arrangement Agreement.

Amendments to Plan of Arrangement. (a) EFI and Xxxxxxx reserve Allelix 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 consented to in writing by EFI and XxxxxxxNPS, (iii) filed with the Court if required by the Interim Order and, if made following the Xxxxxxx Allelix Meeting, approved by the Court, Court and (iv) communicated to holders or former holders of Xxxxxxx Shares Allelix Common Shares, Allelix Options, Allelix Warrants and Allelix Preferred Shares, if and as required by the Court. (b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Xxxxxxx Allelix at any time prior to the Xxxxxxx Allelix Meeting (provided that EFI NPS shall have consented thereto in writingthereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons Persons voting at the Xxxxxxx Allelix 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 Xxxxxxx Allelix Meeting shall be effective only if: if (i) it is consented to in writing by each of EFI Allelix and Xxxxxxx; NPS and (ii) if required by the Court, it is consented to by holders of the Xxxxxxx Allelix Common Shares, Allelix Options, Allelix Warrants or Allelix Preferred Shares voting in the manner directed by the Court.

Amendments to Plan of Arrangement. (a) EFI and Xxxxxxx reserve True Gold reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided provided, however, that each such amendment, modification or supplement must be be: (i) set out in writing, ; (ii) agreed to in writing by EFI Endeavour and Xxxxxxx, True Gold; (iii) filed with the Court if required by the Interim Order and, if made following the Xxxxxxx True Gold Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Xxxxxxx Shares True Gold Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Xxxxxxx True Gold at any time prior to the Xxxxxxx Meeting provided True Gold Meeting; provided, however, that EFI Endeavour 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 Xxxxxxx True Gold 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 Xxxxxxx True Gold Meeting shall be effective only if: (i) it is consented to in writing by each of EFI Endeavour and XxxxxxxTrue Gold; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iiiii) if required by the Court, it is consented to by holders of the Xxxxxxx True Gold 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.