Completion of Equity Financing. if the Investor notifies the Company of its election to exercise its Participation Right or Top-up Right pursuant to paragraph (ii) above, the Company shall use all commercially reasonable efforts, including, but not limited to, promptly making all required filings with the Exchange or any other applicable securities regulator, commission or authority and paying all fees in connection therewith, to obtain any Exchange or regulatory approvals required in respect of the issuance of Equity Securities to the Investor in respect of such Equity Financing and, subject to Applicable Law, the Company and the Investor shall proceed to complete the purchase and sale of the Equity Securities that are the subject of such Equity Financing, which completion may take place concurrently with and subject to the closing of the issuance of other Equity Securities forming part of the same Equity Financing, provided that the issue price offered to the Investor shall, subject to Applicable Law, be equivalent to the issue price under the Equity Financing. In the case of an Equity Financing that is a “bought deal” public offering, the Equity Securities that the Investor elects to purchase shall be issued to the Investor by the Company in a concurrent private placement with the Investor on the same terms as such wider Equity Financing, subject to Applicable Law;
Appears in 4 contracts
Samples: Subscription Agreement (Norzinc Ltd.), Investor Agreement (Norzinc Ltd.), Investor Agreement (Resource Capital Fund VI L.P.)