Common use of Change in Material Fact Clause in Contracts

Change in Material Fact. In the event that prior to the Closing Time there should occur any material change, there should be discovered any previously undisclosed material fact, or there should occur a change in any material fact such as is contemplated by subparagraph 7(a), which results or, in the reasonable opinion of the Underwriter, could reasonably be expected to result, in the Purchasers of a material number of Special Warrants exercising their contractual right of rescission granted to the Purchasers in respect of the Special Warrants or the rights of rescission or damages under section 130 of the Securities Act (Ontario) or the corresponding provisions of applicable securities legislation in the other Qualifying Provinces or, in the reasonable opinion of the Underwriter, has or could reasonably be expected to have a material adverse effect on the market price or value of the Special Warrants or the Underlying Securities, the Underwriter shall be entitled, at its option, in accordance with subparagraph 11(f), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Special Warrants) by written notice to that effect given to the Company prior to the Closing Time.

Change in Material Fact. In the event that prior to the Closing Time there should occur any material change, there should be discovered any previously undisclosed material fact, or there should occur a change in any material fact such as is contemplated by subparagraph 7(a), which results or, in the reasonable opinion of any of the UnderwriterAgents, could reasonably be expected to result, in the Purchasers of a material number of Special Warrants exercising their contractual right of rescission granted to the Purchasers in respect of the Special Warrants or the rights of rescission or damages under section 130 of the Securities Act (Ontario) or the corresponding provisions of applicable securities legislation in the other Qualifying Provinces or, in the reasonable opinion of any of the UnderwriterAgents, has or could reasonably be expected to have a material adverse effect on the market price or value of the Special Warrants or the Underlying SecuritiesShares, any of the Underwriter Agents shall be entitled, at its option, in accordance with subparagraph 11(f), to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Special Warrants) by written notice to that effect given to the Company prior to the Closing Time.

Change in Material Fact. In the event that prior to the Closing Time there should occur any material change, there should be discovered any previously undisclosed material fact, or there should occur a change in any material fact such as is contemplated by subparagraph 7(a), which results or, in the reasonable opinion of the UnderwriterUnderwriters, could reasonably be expected to result, in the Purchasers of a material number of Special Warrants exercising their contractual right of rescission granted to the Purchasers in respect of the Special Warrants or the rights of rescission or damages under section 130 of the Securities Act (Ontario) or the corresponding provisions of applicable securities legislation in the other Qualifying Provinces or, in the reasonable opinion of the UnderwriterUnderwriters, has or could reasonably be expected to have a material adverse effect on the market price or value of the Special Warrants or the Underlying Securities, the Underwriter Underwriters shall be entitled, at its their option, in accordance with subparagraph 11(f), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Special Warrants) by written notice to that effect given to the Company prior to the Closing Time.

Change in Material Fact. In the event that prior to the Closing Time there should occur any material change, there should be discovered any previously undisclosed material fact, or there should occur a change in any material fact such as is contemplated by subparagraph 7(a6(a), which results or, in the reasonable opinion of the Underwriter, could reasonably be expected to result, in the Purchasers of a material number of Special Warrants Units exercising their contractual right of rescission granted to the Underwriter and the Purchasers in respect of the Special Warrants Units or the rights of rescission or damages under section 130 of the Securities Act (Ontario) or the corresponding provisions of applicable securities legislation in the other Qualifying Provinces or, in the reasonable opinion of the Underwriter, has or could reasonably be expected to have a material adverse effect on the market price or value of the Special Warrants or the Underlying Securities, the Underwriter shall be entitled, at its option, in accordance with subparagraph 11(f10(g), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Special WarrantsUnits) by written notice to that effect given to the Company Corporation prior to the Closing Time.