Common use of Change in Nature of Transaction Clause in Contracts

Change in Nature of Transaction. (a) In the event that: (i) the Purchaser, with the agreement of Response, determines in its good faith judgment that it is necessary or desirable to proceed with an alternative transaction structure, including, without limitation, a take-over bid or asset purchase, in conjunction with or instead of the Arrangement; and (ii) such alternative transaction provides the same, or better, financial treatment to all affected parties and the financial implications (including tax) for you are the same or better, and the alternative transaction is on terms that are not more adverse than those contained in the Arrangement Agreement (as described in each of the foregoing clauses (i) and (ii), a “Revised Transaction”), you shall support the completion of the Revised Transaction in the same manner and to the same extent that you have agreed to support the Arrangement under this Agreement.

Change in Nature of Transaction. (a) In the event that: that (i) the PurchaserCompany, with the agreement of Responsethe Purchaser, determines in its good faith judgment that it is necessary or desirable to proceed with an alternative transaction structure, including, without limitation, a take-over takeover bid or asset or share purchase, in conjunction with or instead of the Arrangement; Plan and (ii) such alternative transaction provides the same, or better, financial treatment to all affected parties and the financial implications (including tax) for you the Consenting Shareholder are the same or better, better and the alternative transaction is on terms that are not more adverse than those contained in the Arrangement Agreement (as described in each of the foregoing clauses (i) and (ii), a “"Revised Transaction”"), you the Consenting Shareholder shall support the completion of the Revised Transaction in the same manner and to the same extent that you have it has agreed to support the Arrangement Transaction and the Plan under this Agreement.

Change in Nature of Transaction. (a) In the event that: (i) the PurchaserCompany, with the agreement of Responsethe Purchaser, determines in its good faith judgment that it is necessary or desirable to proceed with an alternative transaction structure, including, without limitation, a take-over takeover bid or asset or share purchase, in conjunction with or instead of the ArrangementPlan; and (ii) such alternative transaction provides the same, or better, financial treatment to all affected parties and the financial implications (including tax) for you the Consenting Shareholder are the same or better, better and the alternative transaction is on terms that are not more adverse than those contained in the Arrangement Agreement (as described in each of the foregoing clauses (i) and (ii), a “"Revised Transaction”"), you the Consenting Shareholder shall support the completion of the Revised Transaction in the same manner and to the same extent that you have it has agreed to support the Arrangement Transaction and the Plan under this Agreement.

Change in Nature of Transaction. (a) In the event that: (i) the PurchaserCompany, with the agreement of Responsethe Purchaser, determines in its good faith judgment that it is necessary or desirable to proceed with an alternative transaction structure, including, without limitation, a take-over takeover bid or asset or share purchase, in conjunction with or instead of the ArrangementPlan; and (ii) such alternative transaction provides the same, or better, financial treatment to all affected parties and the financial implications (including tax) for you the Consenting Shareholder are the same or better, better and the alternative transaction is on terms that are not more adverse than those contained in the Arrangement Agreement (as described in each of the foregoing clauses (i) and (ii), a “Revised Transaction”), you the Consenting Shareholder shall support the completion of the Revised Transaction in the same manner and to the same extent that you have it has agreed to support the Arrangement Transaction and the Plan under this Agreement.