Conduct of Rights Offering. Subject to and in accordance with the provisions hereof, PolyMet agrees to offer, in accordance with Securities Laws and pursuant to the Prospectus and Registration Statement, the Rights to Persons that are the holders of record of Shares on the Record Date: (a) with an address in one of the Qualifying Jurisdictions; or (b) with an address in any other jurisdiction, where PolyMet has satisfied itself that such holder is entitled to receive the Rights Offering Securities under the Rights Offering in accordance with the laws of such jurisdiction and without obliging PolyMet to register the Rights Offering Securities or file a prospectus or other disclosure document or to make any other filings or become subject to any reporting or disclosure obligations that PolyMet is not already obligated to make (together, "Qualifying Shareholders"). The Parties hereby acknowledge and agree that Glencore is a Qualifying Shareholder. With respect to non-Qualifying Shareholders, the Parties acknowledge and agree that Rights will be issued to the Subscription Agent to hold for their benefit.
Conduct of Rights Offering. Subject to and in accordance with the terms hereof, ITP agrees to offer, in accordance with Securities Laws and pursuant to the Prospectus, the Rights and the Common Shares issuable upon the exercise of the Rights to Persons that are (i) the holders of record of Shares on the Record Date in the Canadian Qualifying Jurisdictions; and (ii) the holders of record of Shares on the Record Date in the Qualifying Jurisdictions in the United States.
Conduct of Rights Offering. (a) As soon as practicable after the date hereof, the Company shall publicly announce its plans to conduct the Rights Offering, including disclosing the Record Date, the material terms of the Rights Offering, the anticipated closing date and the Investor’s purchase commitment hereunder.
(b) The Company shall use commercially reasonable efforts to: (i) initiate the Rights Offering, on the terms set forth above, within five business days after the Record Date, and (ii) close the Rights Offering by no later than 5:00 p.m. (Pacific Time) on December 31, 2018.
Conduct of Rights Offering. Subject to and in accordance with the terms hereof, Catalyst intends to offer, in accordance with Securities Laws, the Rights, the Subscription Receipts issuable upon the exercise of the Rights and the Common Shares underlying the Subscription Receipts pursuant to the Prospectus to Persons that are the holders of record of Common Shares in the Qualifying Jurisdictions.
Conduct of Rights Offering. Subject to and in accordance with the terms hereof, RBC agrees to offer, in accordance with Securities Laws and pursuant to the Prospectus, the Rights and the Units issuable upon the exercise of the Rights to Persons that are the holders of record of Shares on the Record Date: (i) with an address in the Canadian Qualifying Jurisdictions; or (ii) with an address in any other jurisdiction that RBC has satisfied itself is entitled to receive the Securities under the Rights Offering in accordance with the laws of such jurisdiction and without obliging RBC to register the Securities or file a prospectus or other disclosure document or to make any other filings (other than a Form D under the 1933 Act and filings required under the 0000 Xxx) or become subject to any reporting or disclosure obligations that RBC is not already obligated to make.
Conduct of Rights Offering. Subject to and in accordance with Securities Laws and the terms hereof, CDB agrees to offer, pursuant to the Offering Circular, the Rights and the Rights Shares issuable upon the exercise of the Rights to the Persons that are the holders of record of Common Shares on the Record Date:
(a) resident in the Qualified Jurisdictions; or
(b) resident in any other jurisdiction that CDB has satisfied itself is entitled to receive the Securities under the Rights Offering in accordance with the laws of such jurisdiction and without obliging CDB to register the Securities or file a prospectus or other disclosure document or to make any other filings or become subject to any reporting or disclosure obligations that CDB is not already obligated to make. CDB hereby confirms that the Standby Purchaser is entitled to participate in the Rights Offering, to exercise the Rights and to be issued Rights Shares on exercise thereof and payment of the Subscription Price therefor, which shall be paid to CDB or as CDB and Standby Purchaser may alternatively agree. CDB will provide or cause the rights agent for the Rights Offering to provide, any cooperation, assistance and documentation reasonably required by the Standby Purchaser to exercise its Rights prior to the Expiry Time.
Conduct of Rights Offering. Subject to and in accordance with the terms hereof, as soon as practicable after the date hereof, Microcell agrees to offer, in accordance with Securities Laws, the Rights and the Class B Shares issuable upon the exercise of the Rights (i) pursuant to the Prospectus to Persons that are the holders of record of Shares in the Qualifying Jurisdictions, and (ii) pursuant to the US Wrapper to Qualifying U.S. Holders.
Conduct of Rights Offering. Subject to and in accordance with the terms hereof, Postmedia agrees to offer, in accordance with Securities Laws, the Rights, the Subscription Receipts issuable upon the exercise of the Rights and the Shares underlying the Subscription Receipts pursuant to the Prospectus to Persons that are the holders of record of Shares on the Record Date (i) in the Qualifying Jurisdictions; (ii) in the United States of America, provided that Postmedia shall not be required to make an offer in any state where such state’s securities commission would conduct a substantive review of the Preliminary Prospectus or the Final Prospectus or where such filing would result, in the reasonable judgment of Postmedia, in undue expense or delay to the closing of the Rights Offering; and (iii) in any other jurisdiction that Postmedia has satisfied itself is entitled to receive the Securities under the Rights Offering in accordance with the Laws of such jurisdiction without obliging Postmedia to register the Securities or file a prospectus or other similar disclosure document or to make any other filings or become subject to any reporting or disclosure obligations that Postmedia is not otherwise already obligated to make.
Conduct of Rights Offering. Subject to and in accordance with the terms hereof, Lorus agrees to offer, in accordance with Securities Laws and pursuant to the Prospectus, the Rights and the Units issuable upon the exercise of the Rights to Persons that are the holders of record of Shares on the Record Date: (i) with an address in the Qualifying Jurisdictions; or (ii) with an address in any other jurisdiction that Lorus has satisfied itself is entitled to receive the Securities under the Rights Offering in accordance with the laws of such jurisdiction and without obliging Lorus to register the Securities or file a prospectus or other disclosure document or to make any other filings or become subject to any reporting or disclosure obligations that Lorus is not already obligated to make.
Conduct of Rights Offering. (a) As soon as practicable after the date hereof, the Company shall publicly announce its plans to conduct the Rights Offering, including disclosing the Record Date, the material terms of the Rights Offering, the anticipated closing date of the Rights Offering and the Investors’ purchase commitment hereunder.
(b) The Company shall use commercially reasonable efforts to: (i) initiate the Rights Offering, on the terms set forth above, within five business days after the Record Date, and (ii) close the Rights Offering by no later than 5:00 p.m. (Eastern Time) on March 2, 2020.
