Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 7 contracts
Samples: Shareholder Agreement, Shareholder Rights Plan Agreement (Tc Energy Corp), Shareholder Agreements (Transcanada Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 7 contracts
Samples: Shareholder Rights Plan Agreement (Encana Corp), Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.8 at the Corporation's expense. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder’s Holder's Rights Certificate, if any, Certificate for inspection by the Corporation), then the outgoing Rights Agent or Holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in each of the Province provinces and territories of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 6 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Augusta Resource CORP), Shareholder Rights Plan Agreement (Jaguar Mining Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9 (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 60 days’ 30 days notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply apply, at the Corporation's expense, to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, upon payment in full of any outstanding amounts owing by the Corporation to the Rights Agent under this Agreement, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 6 contracts
Samples: Shareholder Rights Plan Agreement (PRECISION DRILLING Corp), Shareholder Rights Plan Agreement (PRECISION DRILLING Corp), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 6 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Enbridge Inc), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of for the Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of for the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by the Corporation), then the Rights Agent (at the Corporation’s expense) or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a courtcourt shall, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but following payment of any outstanding fees and expenses owed to it under this agreement the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of for the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 6 contracts
Samples: Shareholder Rights Plan Agreement (Quaterra Resources Inc), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ notice (or such lesser notice as is acceptable to the CorporationTransAlta) in writing mailed to the Corporation TransAlta and to each transfer agent of Common Shares by registered or certified mail. The Corporation TransAlta may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation TransAlta will appoint a successor to the Rights Agent. If the Corporation TransAlta fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation TransAlta the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationTransAlta), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation TransAlta or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation TransAlta will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.96.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 5 contracts
Samples: Shareholder Rights Plan Agreement (Transalta Corp), Shareholder Rights Plan Agreement (Transalta Corp), Shareholder Rights Plan Agreement (Transalta Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ ' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 by giving 30 days’ ' prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 5 contracts
Samples: Shareholder Rights Plan Agreement (Corel Corp), Shareholder Rights Plan Agreement (Corel Corp), Shareholder Rights Plan Agreement (Corel Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertathereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, upon the receipt of all outstanding fees and expenses, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 5 contracts
Samples: Shareholder Rights Plan, Shareholder Rights Plan Agreement (Descartes Systems Group Inc), Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 5 contracts
Samples: Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Enbridge Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationREIT) in writing mailed to the Corporation REIT and to each the transfer agent of Common Shares by registered or certified mailthe Units. The Corporation REIT may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation REIT will appoint a successor to the Rights Agent. If the Corporation REIT fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then Agent (at the REIT’s expense) or by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the CorporationREIT), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation REIT or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertathereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of any and all outstanding fees and expenses owing pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any rights, entitlements or any other property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation REIT will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Units, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.44.04, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 5 contracts
Samples: Unitholder Rights Agreement, Unitholder Rights Agreement, Unitholder Rights Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after removal or 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Company’s expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Ritchie Bros Auctioneers Inc), Shareholder Rights Plan Agreement (Macdonald Dettwiler & Associates LTD), Shareholder Rights Plan Agreement (Ritchie Bros Auctioneers Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 sixty (60) days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Voting Shares of the Corporation by registered or certified mail, and to the holders of the Rights in accordance with Section 5.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 60 thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Voting Shares of the Corporation by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then the Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertathereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving from the Corporation payment in full of all amounts outstanding under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Novagold Resources Inc), Shareholder Rights Plan Agreement (Catalyst Paper Corp), Shareholder Rights Plan Agreement (Inter-Citic Minerals Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent at the Corporation’s expense or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, following payment of all outstanding fees and expenses owed to it under this Agreement, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Caledonia Mining Corp), Shareholder Rights Plan Agreement (Caledonia Mining Corp), Shareholder Rights Plan Agreement (Caledonia Mining Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mailmail in accordance with Section 5.9 at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mailmail in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Right Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, Agent then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation's expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertacompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but upon payment of its outstanding fees and expenses the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed writing given to the Rights Agent and to each the transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the any holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Pembina Pipeline Corp), Shareholder Agreements, Shareholder Rights Plan Agreement (Pembina Pipeline Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ 90 days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. The Corporation may remove the Rights Agent upon 60 days’ notice in writing30 days prior written notice, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then by prior written notice to the Corporation, the Rights Agent (at the Corporation’s expense, which expenses must be reasonable in the circumstances) or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation Corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company Corporation in the Province of AlbertaQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Theratechnologies Inc.), Shareholder Rights Plan Agreement (Theratechnologies Inc.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply apply, at the Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, upon payment in full of any outstanding amounts owing by the Corporation to the Rights Agent under this Agreement, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Bitfarms LTD), Shareholder Rights Plan Agreement (Bitfarms LTD), Shareholder Rights Plan Agreement (Bitfarms LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 4 contracts
Samples: Shareholder Rights Plan Agreement (Kelso Technologies Inc), Shareholder Rights Plan Agreement (Animas Resources LTD), Shareholder Rights Plan Agreement (Rare Element Resources LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving all amounts owing to it hereunder (unless otherwise agreed by the Rights Agent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Southwestern Resources Corp), Shareholder Rights Plan Agreement (Southwestern Resources Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, upon the receipt of all outstanding fees and expenses, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement (Aurizon Mines LTD), Shareholder Rights Plan Agreement (Aurizon Mines LTD), Shareholder Rights Plan Agreement (Nexen Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ ' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 by giving 30 days’ ' prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on out the business duties of a trust company the Rights Agent specified in this Agreement in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent Agent, upon payment of any outstanding fee, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement (Metallica Resources Inc), Shareholder Rights Plan Agreement (Altair International Inc), Shareholder Rights Plan Agreement (Altair International Inc)
Change of Rights Agent. (1) The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 at least sixty (60) days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Voting Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 60 thirty (30) days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Voting Shares by registered or certified mail. mail and to the holders of the Rights in accordance with Section 5.8 hereof.
(2) If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by the Corporation), then the Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving from the Corporation payment in full of all amounts outstanding under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Voting Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement (Baja Mining Corp.), Shareholder Rights Plan Agreement (Baja Mining Corp.), Shareholder Rights Plan Agreement (North American Palladium LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 sixty (60) days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Voting Shares of the Corporation by registered or certified mail, and to the holders of the Rights in accordance with Section 5.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 60 thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Voting Shares of the Corporation by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then the Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving from the Corporation payment in full of all amounts outstanding under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Shareholder Protection Rights Plan Agreement (Tournigan Gold Corp), Shareholder Protection Rights Plan Agreement (Tournigan Energy Ltd.), Shareholder Protection Rights Plan Agreement (Tournigan Gold Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ 90 days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. The Corporation may remove the Rights Agent upon 60 days’ notice in writing30 days prior written notice, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then by prior written notice to the Corporation, the Rights Agent (at the Corporation’s expense, which expenses must be reasonable in the circumstances) or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationPartnership) in writing mailed to the Corporation Partnership and to each transfer agent of Common Shares Units by registered or certified mail. The Corporation Partnership may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Partnership will appoint a successor to the Rights Agent. If the Corporation Partnership fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Partnership the resigning Rights Agent at the Partnership’s expense or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationPartnership), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Partnership or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province province of AlbertaBritish Colombia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, following payment of all outstanding fees and expenses owed to it under this agreement, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Partnership will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ ' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed thereof to the Corporation and Corporation, to each transfer agent of Common the Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 by giving 30 days’ ' prior written notice in writing, mailed thereof to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of AlbertaQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 3 contracts
Samples: Shareholder Rights Plan Agreement (Gildan Activewear Inc.), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Gildan Activewear Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.7 at the Corporation's expense. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.7. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder’s Holder's Rights Certificate, if any, Certificate for inspection by the Corporation), then the outgoing Rights Agent or Holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in each of the Province provinces and territories of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Americas Silver Corp), Shareholder Rights Plan Agreement (Americas Silver Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, upon the receipt of all outstanding fees and expenses, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Nexen Inc), Shareholder Rights Plan Agreement (Nexen Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.11 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company rights agent in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationPartnership) in writing mailed to the Corporation Partnership and to each transfer agent of Common Shares Units by registered or certified mail. The Corporation Partnership may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Partnership will appoint a successor to the Rights Agent. If the Corporation Partnership fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Partnership the resigning Rights Agent at the Partnership’s expense or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationPartnership), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Partnership or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province province of AlbertaBritish Colombia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, following payment of all outstanding fees and expenses owed to it under this agreement, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Partnership will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.11 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 by giving 30 days’ prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or 60 days after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the Rights Agent (at the Corporation’s expense) or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company rights agent in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (SSR Mining Inc.), Shareholder Rights Plan Agreement (Silver Standard Resources Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on act as the business of a trust company Rights Agent in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section §5.9. Failure to give any notice provided for in this Section §4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Stellar Biotechnologies, Inc.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 sixty (60) days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Voting Shares of the Corporation by registered or certified mail, and to the holders of the Rights in accordance with Section 5.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 60 thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Voting Shares of the Corporation by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then the Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving from the Corporation payment in full of all amounts outstanding under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Protection Rights Plan Agreement (Cae Inc), Shareholder Protection Rights Plan Agreement (Cae Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement agreement upon 60 days’ ' notice in writing (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shallholder, with such notice, must submit such holder’s 's Rights Certificate, if any, Certificate for inspection by the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company transfer agent in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent shall of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this agreement, will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Royal Standard Minerals Inc), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as contemplated by Section 5.20 in the circumstances described therein, or as is acceptable to the CorporationCrosshair) in writing mailed to the Corporation Crosshair and to each transfer agent of Common Shares by registered or certified mail. The Corporation Crosshair may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Crosshair will appoint a successor to the Rights Agent. If the Corporation Crosshair fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Crosshair the resigning Rights Agent (at Crosshair’ expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCrosshair), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Crosshair or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Crosshair will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Crosshair Exploration & Mining Corp), Shareholder Rights Plan Agreement (Crosshair Exploration & Mining Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section §5.9. Failure to give any notice provided for in this Section §4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Tahoe Resources Inc.), Shareholder Rights Plan Agreement (Tahoe Resources Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Wi-Lan Inc.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationTrust) in writing mailed to the Corporation Trust and to each transfer agent of Common Shares Units by registered or certified mail. The Corporation Trust may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Trust will appoint a successor to the Rights Agent. If the Corporation Trust fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Trust, the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the CorporationTrust), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Trust's expense. Any successor Rights Agent, whether appointed by the Corporation Trust or by such a court, shall be a corporation incorporated company constituted under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Trust will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Unitholder Rights Plan Agreement (Fording Canadian Coal Trust), Unitholder Rights Plan Agreement (Fording Canadian Coal Trust)
Change of Rights Agent. (a) The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed given to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to each holder of Rights (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed given to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mail. and to each holder of Rights.
(b) If the Rights Agent should resign resigns or be is removed or otherwise become becomes incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such that removal or after it has been notified in writing of such that resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the by any holder of any Rights (which holder shall, with such that notice, submit such holder’s his or her Rights Certificate, if any, Certificate for inspection by the Corporation), then the Rights Agent or that holder may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Agent at the Corporation’s expense.
(c) Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall will be a corporation incorporated under the laws of Canada or a province jurisdiction thereof authorized to carry on the business of a trust company in the Province of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities obligations as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving from the Corporation payment in full of all amounts outstanding under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. necessary.
(d) Not later than the effective date of any such appointment, the Corporation will file shall give notice thereof in writing with to the predecessor Rights Agent and Agent, to each transfer agent of the Common Shares and mail a to each holder of Rights. The cost of giving any notice thereof in writing to required under this Section 4.4 shall be borne solely by the holders of the Rights in accordance with Section 5.9Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Liminal BioSciences Inc.), Shareholder Rights Plan Agreement (Liminal BioSciences Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed thereof to the Corporation and Corporation, to each transfer agent of Common the Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 by giving 30 days’ prior written notice in writing, mailed thereof to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Ce Franklin LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ ' notice (or such lesser notice as is acceptable to the CorporationVeresen) in writing mailed to the Corporation Veresen and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.8. The Corporation Veresen may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Veresen will appoint a successor to the Rights Agent. If the Corporation Veresen fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at Veresen's expense) or the any holder of any Rights (which holder shall, with such notice, of Rights shall also submit such holder’s his Rights Certificate, if any, Certificate for inspection by the Corporation), Veresen) may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Veresen or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Veresen will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Voting Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each the transfer agent of the Common Voting Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving all amounts owing to it hereunder (unless otherwise agreed by the Rights Agent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (ImmunoPrecise Antibodies Ltd.), Shareholder Rights Plan Agreement (Aurora Cannabis Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.11. The Corporation Company may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the CorporationCompany), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaSaskatchewan. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Voting Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.44.04, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Ipsco Inc), Shareholder Rights Agreement (Ipsco Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Corporation, the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province Provinces of AlbertaAlberta and Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Advantage Oil & Gas Ltd.), Shareholder Rights Plan Agreement (Advantage Oil & Gas Ltd.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ " notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ " notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Company's expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.with
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Richmont Mines Inc), Shareholder Rights Plan Agreement (Richmont Mines Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by facsimile, registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.. Silvercorp/Shareholder Rights Plan
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Silvercorp Metals Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under tinder this Agreement upon 60 90 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Common Shares by first class or registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Common Shares by first class or registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit the Rights Certificate of such holder’s Rights Certificate, if any, holder for inspection by the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation trust company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company as principal or through an agent in the Province Provinces of AlbertaOntario and British Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but provided that the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Polymet Mining Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Subordinate Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Subordinate Voting Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving from the Corporation payment in full of all amounts outstanding under this Agreement, shall deliver and transfer to the successor Rights Agent rights agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Subordinate Voting Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. The cost of giving any notice required under this Section 4.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed given to the Rights Agent and to each the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then Agent (at the Corporation’s expense) or by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such noticenotice if given after the Separation Time, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for for, at the expense of the Corporation, the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province Provinces of Ontario or Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving all amounts owing to it hereunder (unless otherwise agreed by the Rights Agent), shall deliver and transfer to the successor Rights Agent Agent, upon receipt of all outstanding fees and expenses owning by the Corporation to the Rights Agent, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ prior written notice (or such lesser notice as is acceptable to the. Corporation) to the Corporation) in writing mailed to the Corporation and , to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 by giving 30 days’ prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the any holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunderhereunder upon payment of its outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent under this Agreement, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date Record Time of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Infowave Software Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in one or more of the Province Provinces of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving from the Corporation payment in full of all amounts outstanding under this Agreement, shall deliver and transfer to the successor Rights Agent rights agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. The cost of giving any notice required under this Section 4.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ notice (or such lesser notice as is acceptable to the CorporationTransAlta) in writing mailed to the Corporation TransAlta and to each transfer agent of Common Shares by registered or certified mail. The Corporation TransAlta may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation XxxxxXxxx will appoint a successor to the Rights Agent. If the Corporation XxxxxXxxx fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation TransAlta the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationTransAlta), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation TransAlta or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation TransAlta will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.96.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ notice (or such lesser notice as is acceptable to the CorporationTransAlta) in writing mailed to the Corporation TransAlta and to each transfer agent of Common Shares by registered or certified mail. The Corporation TransAlta may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation TransAlta will appoint a successor to the Rights Agent. If the Corporation TransAlta fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationTransAlta), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at TransAlta’s expense. Any successor Rights Agent, whether appointed by the Corporation TransAlta or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation TransAlta will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent or any successor Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of the Common Shares Stock by registered or certified mail, in the event that the transfer agent is a Person other than the Rights Agent or one of the Rights Agent's affiliates. The Corporation may remove the Rights Agent or any successor Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent or successor Rights Agent, as the case may be, and to each transfer agent of the Common Shares Stock by registered or certified mail, and to the holders of the Rights Certificates by first-class mail. If the Rights Agent should shall resign or be removed or shall otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails shall fail to make such appointment within a period of 60 days after giving notice of such removal or within 60 days after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any a Rights Certificate (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by the Corporation), then the registered holder of any Rights Certificate may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated or other entity organized and doing business under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, following payment of all outstanding fees and expenses owed to it under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Stock and mail a notice thereof in writing to the registered holders of the Rights in accordance with Section 5.9Certificates. Failure to give any notice provided for in this Section 4.420, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Tax Benefit Preservation Plan Agreement (Kingsway Financial Services Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ days notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent. The Corporation shall pay the reasonable expenses incurred by the resigning Rights Agent or the holder of Rights in connection with such application. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Silvermex Resources Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Common Shares by first class or registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Common Shares by first class or registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit the Rights Certificate of such holder’s Rights Certificate, if any, holder for inspection by the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation trust company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company as principal or through an agent in the Province Provinces of AlbertaOntario or British Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but provided that the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Petaquilla Minerals LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Agreements
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent at the Corporation’s expense or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province province of AlbertaBritish Colombia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, following payment of all outstanding fees and expenses owed to it under this agreement, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the CorporationNOVA) in writing mailed to the Corporation NOVA and to each transfer agent of Common Shares by registered or certified mail. The Corporation NOVA may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation NOVA will appoint a successor to the Rights Agent. If the Corporation NOVA fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation NOVA the resigning Rights Agent (at NOVA's expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the CorporationNOVA), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation NOVA or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation NOVA will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Nova Chemicals Corp /New)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ notice (or such lesser notice as is acceptable to the CorporationTransAlta) in writing mailed to the Corporation TransAlta and to each transfer agent of Common Shares by registered or certified mail. The Corporation TransAlta may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation TransAlta will appoint a successor to the Rights Agent. If the Corporation TransAlta fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationTransAlta), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at TransAlta’s expense. Any successor Rights Agent, whether appointed by the Corporation TransAlta or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation TransAlta will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of for the Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of for the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by the Corporation), then the Rights Agent (at the Corporation’s expense) or the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a courtcourt shall, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertathereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but following payment of any outstanding fees and expenses owed to it under this agreement the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of for the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Voting Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Voting Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaQuebec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Voting Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Virginia Gold Mines Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall court must be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be is vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section section 5.9. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall does not affect the legality or validity validly of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province Provinces of Ontario or Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving all amounts owing to it hereunder (unless otherwise agreed by the Rights Agent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then Agent (at the Corporation's expense) or by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such noticenotice if given after the Separation Time, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of any and all outstanding amounts owing to it pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Protection Rights Agreement (Geac Computer Corp LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ " notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ " notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Draxis Health Inc /Cn/)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares (if different than the Rights Agent) by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ days notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights, the holder of any Rights (which holder shall, with such notice, submit such holder’s or the resigning Rights Certificate, if any, for inspection by the Corporation), Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall will be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, under this Agreement and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof of the appointment in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof of that appointment in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect thereinin that notice, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Zarlink Semiconductor Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ notice (or such lesser notice as is acceptable to the CorporationTransAlta) in writing mailed to the Corporation TransAlta and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation TransAlta may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation TransAlta will appoint a successor to the Rights Agent. If the Corporation TransAlta fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights AgentAgent or, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationTransAlta), then the holder of any Rights or the predecessor Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at TransAlta’s expense. Any successor Rights Agent, whether appointed by the Corporation TransAlta or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation TransAlta will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationNOVA) in writing mailed to the Corporation NOVA and to each transfer agent of Common Shares by registered or certified mail. The Corporation NOVA may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation NOVA will appoint a successor to the Rights Agent. If the Corporation NOVA fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation NOVA the resigning Rights Agent (at NOVA’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationNOVA), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation NOVA or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation NOVA will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the CorporationFund) in writing mailed to the Corporation Fund and to each transfer agent of Common Shares Units by registered or certified mail. The Corporation Fund may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Fund will appoint a successor to the Rights Agent. If the Corporation Fund fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Fund, the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the CorporationFund), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Fund's expense. Any successor Rights Agent, whether appointed by the Corporation Fund or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Fund will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Unitholder Rights Plan Agreement (Advantage Energy Income Fund)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Common Voting Shares by registered first class mall, and mailed or certified maildelivered to the holders of the Rights in accordance with Section 5.9 hereof. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Common Voting Shares by registered or certified mailfirst class mall, and mailed to the holders of the Rights in accordance with Section 5.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then the holder of any Rights may apply apply, at the Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent. , Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation body corporate incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertaprovince. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Voting Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Atlantic Power Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Voting Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each the transfer agent of the Common Voting Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receiving all amounts owing to it hereunder (unless otherwise agreed by the Rights Agent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Corporation, the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaCanada. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent upon receipt of all outstanding fees and expenses shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (American Eco Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after removal or 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Company's expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Silvercrest Mines Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Corporation, the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Advantage Oil & Gas Ltd.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 5.10 hereof, all of which shall be at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 5.10 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation or company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertathereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but upon payment of its outstanding fees and expenses the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9section 5.10. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Almaden Minerals LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent upon receipt of any and all outstanding amounts owing by the Company to the Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Tricon Residential Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ days notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 60 days’ days notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Company the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the CorporationCompany), may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Company's expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Richmont Mines Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ notice (or such lesser notice as is acceptable to the CorporationInovalis) in writing mailed to the Corporation Inovalis and to each transfer agent of Common Shares Units by registered or certified mail. The Corporation Inovalis may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Inovalis will appoint a successor to the Rights Agent. If the Corporation Inovalis fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Inovalis the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationInovalis), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent, at Inovalis’ expense. Any successor Rights Agent, whether appointed by the Corporation Inovalis or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Inovalis will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. The cost of giving any notice required under this Section 4.4 shall be borne solely by Inovalis. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Unitholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationAngiotech) in writing mailed to the Corporation Angiotech and to each transfer agent of Common Shares by registered or certified mail. The Corporation Angiotech may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Angiotech will appoint a successor to the Rights Agent. If the Corporation Angiotech fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation Angiotech the resigning Rights Agent (at Angiotech’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationAngiotech), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Angiotech or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Angiotech will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Angiotech Pharmaceuticals Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Transcanada Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed given to the Rights Agent and to each the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then Agent (at the Corporation’s expense) or by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such noticenotice if given after the Separation Time, submit such holder’s Rights Certificate, if any, Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Northgate Exploration LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the CorporationHealthSpace) in writing mailed to the Corporation HealthSpace and to each transfer agent of Common Shares by registered or certified mail. The Corporation HealthSpace may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation HealthSpace will appoint a successor to the Rights Agent. If the Corporation HealthSpace fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation HealthSpace the resigning or incapacitated Rights Agent (at HealthSpace’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the CorporationHealthSpace), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation HealthSpace or by such a court, shall be a corporation incorporated company constituted under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon the receipt of all outstanding fees and expenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation HealthSpace will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. The cost of giving any notice required under this Section 4.4 shall be borne solely by HealthSpace. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.9 at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Right Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, Agent then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Albertacompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but upon payment of its outstanding fees and expenses the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Protection Plan Agreement (Challenger Energy Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated company constituted under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. The cost of giving any notice required under this Section 4.4, shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Kinross Gold Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent at the Corporation’s expense or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province province of AlbertaBritish Colombia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall shall, following payment of all outstanding fees and expenses owed to it under this agreement, deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 90 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Common Shares by registered or certified mailmail in accordance with Section 5.9. The Corporation Company may remove the Rights Agent upon 60 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by the CorporationCompany), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Med BioGene Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with section 5.9 at the Corporation's expense. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder’s Holder's Rights Certificate, if any, Certificate for inspection by the Corporation), then the outgoing Rights Agent or Holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province Provinces of AlbertaBritish Columbia and Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Olympus Pacific Minerals Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement agreement upon 60 days’ ' notice in writing (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of Rights in accordance with section 6.8, all of which will be at the Corporation's expense. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights AgentAgent or by the holder of any Rights (which holder, with such notice, must submit such holder's Rights Certificate for inspection by the Corporation), then by prior written notice to the Corporation Corporation, the resigning Rights Agent (at the Corporation's expense) or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation), may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaQuebec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent shall of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this agreement, will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Sand Technology Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Common Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then Agent (at the Corporation's expense) or by prior written notice to the Corporation the resigning Rights Agent or the holder of any Rights (which holder shall, with such noticenotice if given after the Separation Time, submit such holder’s 's Rights Certificate, if any, Certificate for inspection by the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of any and all outstanding amounts owing to it pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.. MISCELLANEOUS
Appears in 1 contract
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon by giving 60 days’ days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon 60 days’ by giving 30 days prior written notice in writing, mailed to the Rights Agent and Agent, to each transfer agent of the Common Shares by registered or certified mailand to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, Certificate for inspection by of the Corporation), then the holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Alberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Compton Petroleum Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.7 at the Corporation's expense. The Corporation may remove the Rights Agent upon 60 30 days’ ' notice in writing, mailed to the Rights Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.7. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder’s Xxxxxx's Rights Certificate, if any, Certificate for inspection by the Corporation), then the outgoing Rights Agent or Holder of any Rights may apply to any court of competent jurisdiction for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in each of the Province provinces and territories of AlbertaCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any the successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights AgentAgent or by the holder of any Rights, then by prior written notice to the Corporation Corporation, the resigning Rights Agent or the holder of any Rights (which holder shall, with such notice, submit such holder’s Rights Certificate, if any, for inspection by the Corporation)Rights, may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company rights agent in the Province of AlbertaOntario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent Agent, upon receipt of all outstanding fees and expenses owing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of any successor Rights Agent, as the case may be.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement