Common use of Contractual Right of Action for Rescission Clause in Contracts

Contractual Right of Action for Rescission. By its acceptance and acknowledgement of this offer, the Company hereby provides a right of rescission as set out below, which right shall be exercisable by the Subscriber and any subsequent holders from time to time of the Subscriber’s Special Warrants: In the event that a holder of a Special Warrant who acquires Underlying Shares upon the deemed exercise of a Special Warrant as provided for in the Final Prospectus, is or becomes entitled under applicable Securities Laws to the remedy of rescission by reason of the Final Prospectus or any amendment thereto containing a misrepresentation, such holder shall be entitled to rescission not only of the holder's exercise of its Special Warrant, but also of the private placement transaction pursuant to which the Special Warrant was initially acquired and shall be entitled in connection with such rescission to a full refund from the Company of the amount of the purchase price paid on Closing to the Company, on the acquisition of the Special Warrant. In the event such holder is a permitted assignee of the interest of the original Special Warrant subscriber in accordance with the Special Warrant Certificate, such permitted assignee shall be entitled to exercise such rights of rescission and refund as if such permitted assignee were such original subscriber. The provisions of this section are a direct contractual right extended by the Company alone (but specifically not by the directors, officers or other agents of the Company) to holders of Special Warrants, permitted assignees of such holders and holders of Underlying Shares acquired by such holders on exercise of Special Warrants and are in addition to any other right or remedy available to a holder of Special Warrants under applicable law. The foregoing contractual rights of action for rescission will be subject to the applicable defences, limitations and other provisions set out in the Securities Act (British Columbia) and the equivalent provisions of the securities legislation of the Designated Provinces.

Contractual Right of Action for Rescission. By its acceptance and acknowledgement of this offer, The Corporation covenants with the Company hereby provides Special Warrant Agent to provide a right of rescission to each Registered Special Warrantholder, as hereinafter set out belowforth, which right shall be exercisable either by the Subscriber and any subsequent holders from time to time Special Warrant Agent on behalf of the Subscriber’s a Registered Special Warrants: Warrantholder at its direction or by a Registered Special Warrantholder directly. In the event that a holder of a Registered Special Warrant Warrantholder, who acquires Underlying Shares Securities upon the deemed exercise of a the Special Warrant Warrants, as provided for in well as any Common Shares issued upon exercise of the Final ProspectusWarrants or Convertible Debentures, is or becomes entitled under applicable Securities Laws Canadian securities laws to the remedy of rescission by reason of the Final Qualification Prospectus or any amendment thereto containing a misrepresentation, such holder shall be entitled to rescission not only of the holder's ’s exercise of its Special Warrant, Warrants but also of the holder’s exercise of the Warrants and the Convertible Debentures and of the private placement transaction pursuant to which the Special Warrant was Warrants were initially acquired acquired, and shall be entitled in connection with such rescission to a full refund from the Company of the amount of the purchase price all consideration paid on Closing to the CompanyUnderwriters or the Corporation, as the case may be, on the acquisition of the Special WarrantWarrants and, if applicable, on the exercise of the Warrants or Convertible Debentures. In the event that such holder is a permitted assignee of the interest of the original Special Warrant subscriber in accordance with the Special Warrant Certificatesubscriber, such permitted assignee shall be entitled to exercise such the rights of rescission and refund granted hereunder as if such permitted assignee were such original subscriber. The provisions of this section are a direct contractual right extended by the Company alone (but specifically not by the directors, officers or other agents of the Company) to holders of Special Warrants, permitted assignees of such holders and holders of Underlying Shares acquired by such holders on exercise of Special Warrants and are foregoing is in addition to any other right or remedy available to a holder under section 130 of Special Warrants under applicable law. The foregoing contractual rights of action for rescission will be subject to the applicable defences, limitations and other provisions set out in the Securities Act (British Columbia) and Ontario), under the equivalent applicable provisions of the other Canadian securities legislation of the Designated Provinceslaws or otherwise at law.

Contractual Right of Action for Rescission. By its acceptance and acknowledgement of this offer, the Company hereby provides a right of rescission as set out below, which right shall be exercisable by the Subscriber and any subsequent holders from time to time of the Subscriber’s Special Warrants: In the event that a holder of a Special Warrant who Warrants acquires Underlying Unit Shares or Warrants upon the deemed exercise of a the Special Warrant as provided for in the Final Prospectus, Warrants and is or becomes entitled under applicable Securities Laws to the remedy of rescission by reason of the Final Qualification Prospectus to be filed by the Company in connection herewith or any amendment thereto thereto, containing a misrepresentation, such holder shall will be entitled to rescission not only with respect to both the exercise of the holder's exercise of its Special Warrant, but also of Warrants and the private placement transaction pursuant to under which the Special Warrant was Warrants were initially acquired acquired, and shall will be entitled in connection with such rescission to a full refund from the Company of the amount of the purchase price aggregate Purchase Price paid on Closing to the Company, on the acquisition in respect of the Special Warrant. In the event such holder is a permitted assignee of the interest of the original Special Warrant subscriber in accordance with the Special Warrant Certificate, such permitted assignee shall be entitled to exercise such rights of rescission and refund as if such permitted assignee were such original subscriberWarrants. The provisions of this section hereof are a direct contractual right extended by the Company alone (but and specifically not by the directors, officers or other agents of the CompanyAgent) to holders of Special Warrantsthe Purchaser, permitted assignees of such holders and the holders of Underlying Special Warrants and to holders of the Unit Shares and Warrants acquired by such holders on exercise of the Special Warrants Warrants, and are in addition to any other right or remedy available to a holder of the Special Warrants Warrant under applicable law. The foregoing contractual rights Section 130 of action for rescission will be subject to the applicable defences, limitations and other provisions set out in the Securities Act (British Columbia) Ontario), and the equivalent provisions of the securities legislation of any province or territory in which such holder resides, or otherwise at law. The Company agrees that the Designated Provincesbenefit of the covenant contained in the first paragraph of this Section 13 will be deemed to have passed with any permitted assignment or transfer of the Special Warrants or the Unit Shares or Warrants in accordance with the terms thereof and the Company agrees to explicitly extend the benefit of such covenant to any assignee or transferee of the Special Warrants as if it were the original subscriber.

Contractual Right of Action for Rescission. By its acceptance and acknowledgement of this offer, the Company hereby provides a right of rescission as set out below, which right The Purchase Warrants shall be exercisable by considered to be “special warrants” within the Subscriber and any subsequent holders from time to time meaning of the Subscriber’s Special Warrants: In applicable Canadian Securities Laws. As such, in the event that a holder of a Special Warrant Purchaser who acquires Underlying Shares upon the exercise or deemed exercise of a Special Warrant as provided for in the Final Prospectus, Purchase Warrants is or becomes entitled under applicable Canadian Securities Laws to the remedy of rescission by reason of a misrepresentation in the Final Prospectus Qualification Prospectus, or any amendment thereto containing a misrepresentationthereto, qualifying for distribution the Underlying Shares to be issued on exercise of the Purchase Warrants, such holder shall Purchaser shall, subject to available defences and any limitation period under applicable Canadian Securities Laws, be entitled to rescission not only of the holder's such Holder’s exercise of its Special Warrant, Purchase Warrants but also of the private placement transaction pursuant to which the Special Warrant was Purchase Warrants were initially acquired acquired, and shall be entitled in connection with such rescission to a full refund from of all consideration paid to the Company of the amount of the purchase price paid on Closing to the Company, on the acquisition of the Special WarrantPurchase Warrants. In the event that such holder Purchaser is a permitted assignee of the interest of the original Special Warrant subscriber in accordance with purchaser of the Special Warrant CertificatePurchase Warrants, such permitted assignee shall be entitled permitted to exercise such the rights of rescission and refund granted hereunder as if such permitted assignee were was such original subscriberpurchaser. The provisions of this section are a direct contractual right foregoing right, which is extended by the Company alone (but specifically not in respect of the Purchase Warrants issued by the directorsCompany pursuant to accepted subscriptions at the Closing, officers or other agents of the Company) to holders of Special Warrants, permitted assignees of such holders and holders of Underlying Shares acquired by such holders on exercise of Special Warrants and are is in addition to any other right or remedy available to a holder of Special Purchase Warrants under Section 130 of the OSA or equivalent provisions of applicable Canadian Securities Laws, or otherwise at law. The foregoing contractual rights of action for rescission will be , and is subject to the applicable defences, defences and limitations and other provisions set out in the described under such Canadian Securities Act (British Columbia) and the equivalent provisions Laws. The Company shall notify each Purchaser of the securities legislation occurrence of each of the Designated Provincesevents set forth in Section 2.2, including the occurrence of the Qualification Date (in which case the Company shall certify to each Purchaser that it has occurred) or the failure of the Qualification Date to occur by the Qualification Deadline, in each case as promptly as possible (and in any event within one Business Day) thereafter.

Contractual Right of Action for Rescission. By its acceptance and acknowledgement of this offer, The Company covenants with the Company hereby provides Trustee to provide a right of rescission to each Holder as hereinafter set out belowforth, which right shall be exercisable either by the Subscriber and any subsequent holders from time to time Trustee on behalf of the Subscriber’s Special Warrantsa Holder or by a Holder directly: In The Company has agreed that in the event that a holder of a Special Warrant who acquires Underlying Shares a Common Share or Warrant upon the deemed exercise of a such Special Warrant as provided for in the Final Prospectus, Prospectus is or becomes entitled under applicable the Securities Laws (as defined in this Indenture) to the remedy of rescission by reason of the Final Prospectus or any amendment thereto containing a misrepresentation, such holder shall be entitled to rescission not only of the holder's exercise of its Special WarrantWarrants, but also of the private placement transaction pursuant to which the Special Warrant was Warrants were initially acquired and shall be entitled in connection with such rescission to a full refund from the Company of the amount of the purchase price paid on Closing to the Company, on the acquisition Company in respect of the Special WarrantWarrants. In the event such holder is a permitted or lawful assignee of the interest of the original Special Warrant subscriber in accordance with the Special Warrant Certificatesubscriber, such permitted assignee shall be entitled to exercise such rights of rescission and refund as if such permitted assignee were such original subscriber. The provisions of this section are a direct contractual right extended by the Company alone (but specifically not by any Underwriter or the directors, officers or other agents agent of the Company) to holders of Special WarrantsWarrants (including the Underwriters), permitted assignees (in respect of whom such rights are hereby granted to, and received by, the Underwriters in trust for assignees) of such holders and holders of Underlying Shares Securities acquired by such holders on exercise of Special Warrants and are in addition to any other right or remedy available to a holder of Special Warrants under applicable section 130 of the Securities Act (Ontario) or otherwise at law. The foregoing contractual rights of action for rescission will shall be subject to the applicable defences, limitations and other provisions set out in defence described under section 130(2) of the Securities Act (British ColumbiaOntario) and the equivalent provisions of the securities legislation of the Designated Provinceswhich is incorporated herein by reference, mutatis mutandis.

Contractual Right of Action for Rescission. By its acceptance and acknowledgement of this offerBY ITS ACCEPTANCE OF THIS ------------------------------------------ OFFER, the Company hereby provides a right of rescission as set out belowTHE COMPANY AGREES TO PROVIDE A RIGHT OF RESCISSION AS HEREINAFTER SET FORTH, which right shall be exercisable by the Subscriber and any subsequent holders from time to time of the Subscriber’s Special WarrantsWHICH RIGHT SHALL BE EXERCISABLE BY THE PURCHASER AND ANY SUBSEQUENT HOLDERS FROM TIME TO TIME OF THE PURCHASER'S SPECIAL WARRANTS: In the event that a any holder of a Special Warrant Warrants who acquires Underlying Shares upon the exercise or deemed exercise of a his Special Warrant as provided for in the Final Prospectus, Warrants is or becomes entitled under applicable Securities Laws securities legislation to the remedy of rescission by reason of the Final Prospectus or any amendment thereto containing a misrepresentation, such holder shall be entitled to rescission not only of the such holder's exercise of its such Special Warrant, Warrants but also of the private placement transaction pursuant to which the purchase of such Special Warrant was initially acquired Warrants hereunder, and shall be entitled in connection with such rescission to a full refund from of all consideration paid to the Company of the amount of the purchase price paid on Closing to the Company, on the acquisition of the such Special WarrantWarrants. In the event such holder is a permitted assignee of the interest of the original Purchaser of such Special Warrant subscriber in accordance with the Special Warrant CertificateWarrants, such permitted assignee shall be entitled to exercise such the rights of rescission and refund granted hereunder as if such permitted assignee were such original subscriberPurchaser. The provisions of this section are a direct contractual right extended by the Company alone (but specifically not by the directors, officers or other agents of the Company) to holders of Special Warrants, permitted assignees of such holders and holders of Underlying Shares acquired by such holders on exercise of Special Warrants and are foregoing is in addition to any other right or remedy available to a holder of the Special Warrants under applicable law. The foregoing contractual rights section 114 of action for rescission will be subject to the applicable defences, limitations and other provisions set out in the Securities Act (British Columbia) and the equivalent provisions ), section 130 of the Securities Act (Ontario) or a 119 corresponding provision of other securities legislation of the Designated Provincesor otherwise at law.

Contractual Right of Action for Rescission. By its acceptance and acknowledgement of this offer, The Company covenants with the Company hereby provides Trustee to provide a right of rescission to each Holder as hereinafter set out belowforth, which right shall be exercisable either by the Subscriber and any subsequent holders from time to time Trustee on behalf of the Subscriber’s Special Warrantsa Holder at their direction or by a Holder directly: In the event that a holder of a Special Warrant Warrants, who acquires Underlying Common Shares and Warrants upon the deemed exercise of a the Special Warrants, as well as any Warrant as provided for in Shares issued upon exercise of the Final ProspectusWarrants, is or becomes entitled under applicable Canadian Securities Laws to the remedy of rescission by reason of the Final Prospectus or any amendment thereto containing a misrepresentation, such holder shall be entitled to rescission not only of the holder's ’s exercise of its Special Warrant, Warrants but also of the private placement transaction pursuant to which the Special Warrant was Warrants were initially acquired acquired, and shall be entitled in connection with such rescission to a full refund from the Company of the amount of the purchase price all consideration paid on Closing to the Underwriters or the Company, as the case may be, on the acquisition of the Special WarrantWarrants. In the event that such holder is a permitted assignee of the interest of the original Special Warrant subscriber in accordance with the Special Warrant CertificateSubscriber, such permitted assignee shall be entitled to exercise such the rights of rescission and refund granted hereunder as if such permitted assignee were such original subscriberSubscriber. The provisions of this section are a direct contractual right extended by the Company alone (but specifically not by the directors, officers or other agents of the Company) to holders of Special Warrants, permitted assignees of such holders and holders of Underlying Shares acquired by such holders on exercise of Special Warrants and are foregoing is in addition to any other right or remedy available to a holder of the Special Warrants under section 130 of the Securities Act (Ontario), under the applicable provisions of the other Canadian Securities Laws or otherwise at law. The foregoing contractual rights of action for rescission will shall be subject to the applicable defences, limitations and other provisions set out in defence described under section 130(2) of the Securities Act (British ColumbiaOntario) and the equivalent provisions of the securities legislation of the Designated Provinceswhich is incorporated herein by reference, mutatis mutandis.