Common use of Cancellation of Subscription Receipts Clause in Contracts

Cancellation of Subscription Receipts. In the event that either (i) a Termination Notice is delivered prior to the Release Deadline, or (ii) the Release Notice is not delivered to the Subscription Receipt Agent prior to the Release Deadline, all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of Subscription Receipt Certificates), be cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts shall thereafter have no rights thereunder except to receive, and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Price for their Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b) and the amount of Escrowed Funds. The Subscription Receipt Agent shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (i) a Termination Notice is delivered prior to the Release Deadline, or (ii) the Release Notice is not delivered to the Subscription Receipt Agent prior to the Release Deadline, all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of Subscription Receipt Certificates), be cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receive, and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Price for their of the Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) ), shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) 0 hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b) 0 and the amount of Escrowed Funds. The Subscription Receipt Agent shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (i) a Termination Notice is delivered prior to the Release DeadlineSubscription Receipt Agent, or (ii) the Escrow Release Notice is not delivered to the Subscription Receipt Agent at or prior to the Escrow Release Deadline, then all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of any Subscription Receipt CertificatesCertificates or deemed surrender of any Uncertificated Subscription Receipts), be terminated and cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receivereceive an amount equal to the aggregate Purchase Price plus a pro rata share of the Subscription Receipt Interest thereon (less any withholding tax required to be withheld in respect thereof) of the Subscription Receipts held by such Subscription Receiptholder, and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Price for their of the Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) ), shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b) and the amount of Escrowed Funds. The Subscription Receipt Agent shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (ia) a Termination Notice is delivered prior to the Release DeadlineSubscription Receipt Agent, or (iib) the Escrow Release Notice is not delivered to the Subscription Receipt Agent prior to at or before the Escrow Release Deadline, then all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of any Subscription Receipt CertificatesCertificates or deemed surrender of any Uncertificated Subscription Receipts), be terminated and cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receive, receive an amount equal to the aggregate Offering Price plus a pro rata share of Earned Interest thereon(less any withholding tax required to be withheld in respect thereof) of the Subscription Receipts held by such Subscription Receiptholder and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Offering Price for their of the Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Earned Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be be‌ withheld in respect thereof) ), shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) 6.4 hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b2.2(2) and the amount of Escrowed Funds. The Subscription Receipt Agent and the Agents shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (i) a Termination Notice is delivered prior to the Release Deadline, or (ii) the Release Notice is not delivered to the Subscription Receipt Agent prior to the Release Deadline, all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of Subscription Receipt Certificates), be cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts shall thereafter have no rights thereunder except to receive, and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Price for their Subscription Receipts then heldReceipts, plus a their pro rata share portion of (i) Subscription Receipt the Earned Interest actually earned thereon, plus (ii) and the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds Deemed Interest (less any withholding tax required to be withheld in respect thereof). The Deemed Interest amount shall be confirmed by the Corporation in the Termination Notice and the Subscription Receipt Agent shall rely on such confirmation without further investigation. Such amount (less any withholding tax required to be withheld in respect thereof) shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b) and the amount of the Escrowed Funds, and the Corporation shall fund any shortfall in accordance with Section 6.3(b) hereof. The Subscription Receipt Agent shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (i) a Termination Notice is delivered prior to the Release Deadline, or (ii) the Release Notice is not delivered to the Subscription Receipt Agent prior to the Release Deadline, all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of Subscription Receipt Certificates), be cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receive, and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Price for their of the Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b2.3(b) and the amount of Escrowed Funds. The Subscription Receipt Agent shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (ia) a Termination Notice is delivered prior to the Release DeadlineSubscription Receipt Agent, or (iib) the Escrow Release Notice is not delivered to the Subscription Receipt Agent prior to at or before the Escrow Release Deadline, then all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of any Subscription Receipt Certificates), be terminated and cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receivereceive an amount equal to the aggregate Offering Price for their Subscription Receipts then held, plus a pro rata share of Earned Interest thereon (less any withholding tax required to be withheld in respect thereof) and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Offering Price for their of the Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Earned Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) ), shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) 6.4 hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b2.2(2) and the amount of Escrowed Funds. The None of the Subscription Receipt Agent Agent, Austpro nor the Agents shall have no any responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (ia) a Termination Notice is delivered prior to the Release DeadlineSubscription Receipt Agent, or (iib) the Escrow Release Notice is not delivered to the Subscription Receipt Agent prior to at or before the Escrow Release Deadline, then all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of any Subscription Receipt Certificates), be terminated and cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receive, receive an amount equal to the aggregate Offering Price for their Subscription Receipts plus Earned Interest and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Offering Price for their of the Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Earned Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) ), shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) 6.4 hereof. The Corporation IMC shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b2.2(2) and the amount of Escrowed Funds. The Subscription Receipt Agent shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (ia) a Termination Notice with respect to the Brokered Offering or the Non-Brokered Offering, as applicable, is delivered prior to the Release DeadlineSubscription Receipt Agent, or (iib) the Escrow Release Notice with respect to the Brokered Offering or the Non-Brokered Offering, as applicable, is not delivered to the Subscription Receipt Agent prior to at or before the Escrow Release Deadline, all of the then those Subscription Receipts issued pursuant to the Brokered Offering or the Non- Brokered Offering, as applicable, shall, without any action on the part of the holders thereof applicable Subscription Receiptholders (including the surrender of any Subscription Receipt CertificatesCertificates or deemed surrender of any Uncertificated Subscription Receipts), be terminated and cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receive, receive an amount equal to the aggregate Offering Price plus a pro rata share of Earned Interest thereon (less any withholding tax required to be withheld in respect thereof) of the Subscription Receipts held by such Subscription Receiptholder and the Subscription Receipt Agent shall pay to such holders from the Brokered Escrowed Funds or the Non-Brokered Escrowed Funds, as applicable, an amount equal to the aggregate Purchase Offering Price for their of the applicable Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Earned Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) ), shall be returned to each holder of a applicable Subscription Receipt Receiptholder by the Subscription Receipt Agent in accordance with Section 6.3(b) 6.3 hereof. The Corporation shall be liable for any shortfall between the amounts owing to applicable Subscription Receiptholders under this Section 2.2(b2.2(2) and the amount of Escrowed Funds. The Subscription Receipt Agent and the Underwriters shall have no responsibility for any shortfall owing to the Subscription Receiptholders.

Cancellation of Subscription Receipts. In the event that either (ia) a Termination Notice is delivered prior to the Release DeadlineSubscription Receipt Agent, or (iib) the Escrow Release Notice is not delivered to the Subscription Receipt Agent prior to at or before the Escrow Release Deadline, then all of the Subscription Receipts shall, without any action on the part of the holders thereof (including the surrender of any Subscription Receipt Certificates), be terminated and cancelled by the Subscription Receipt Agent as of the Termination Time and holders of Subscription Receipts Receipt Certificates shall thereafter have no rights thereunder except to receivereceive an amount equal to the aggregate Offering Price for their Subscription Receipts then held, plus a pro rata share of Earned Interest thereon (less any withholding tax required to be withheld in respect thereof) and the Subscription Receipt Agent shall pay to such holders from the Escrowed Funds, an amount equal to the aggregate Purchase Offering Price for their of the Subscription Receipts then held, plus a pro rata share of (i) Subscription Receipt Earned Interest actually earned thereon, plus (ii) the interest that would have been earned had the Underwriters’ Expenses been included in the Escrowed Proceeds thereon (less any withholding tax required to be withheld in respect thereof). Such amount (less any withholding tax required to be withheld in respect thereof) ), shall be returned to each holder of a Subscription Receipt by the Subscription Receipt Agent in accordance with Section 6.3(b) 6.4 hereof. The Corporation shall be liable for any shortfall between the amounts owing to Subscription Receiptholders under this Section 2.2(b2.2(2) and the amount of Escrowed Funds. The Subscription Receipt Agent shall have no responsibility for any shortfall owing to the Subscription Receiptholders.