Contractual Right of Rescission. The Corporation covenants and agrees with the Special Warrant Agent to provide and hereby provides a right of rescission to each Special Warrantholder as hereinafter set forth, which right shall be exercisable by a Special Warrantholder directly. In the event that a Special Warrantholder who acquires the Underlying Securities is or becomes entitled under applicable securities laws in the Designated Provinces to the remedy of rescission by reason of the Prospectus to be filed by the Corporation in connection herewith or any amendment thereto containing a misrepresentation, such holder shall, subject to available defences and any limitation period applicable securities laws in the Designated Provinces, be entitled to rescission not only of the Special Warrantholder’s deemed exercise of its Special Warrants but also of the private placement transaction pursuant to which the Special Warrants were initially acquired, and shall be entitled in connection with such rescission to a full refund from the Corporation of the subscription amount paid on the acquisition of the Special Warrants. In the event such Special Warrantholder is a permitted assignee of the interest of the original purchaser of the Special Warrants, such permitted assignee shall be entitled to exercise the rights of rescission and refund granted hereunder as if such permitted assignee was such original purchaser. The provisions of this section are a direct contractual right extended by the Corporation (but specifically not by the Agent or the Special Warrant Agent) to the Special Warrantholders, permitted assignees of such holders and holders of the Underlying Securities acquired by such holders upon deemed exercise of the Special Warrants and are in addition to any other right or remedy available to a holder of Special Warrants under section 203 of the Securities Act or equivalent provisions of applicable securities laws in the Designated Provinces, or otherwise at law. The foregoing contractual rights of action for rescission shall be subject to the defences described under section 203 of the Securities Act which is incorporated herein by reference and any other defence or defences available to the Corporation under applicable laws. Should a holder of Special Warrants exercise any legal, statutory, contractual or other right of withdrawal or rescission that may be available to it, the Special Warrant Agent shall not be responsible for ensuring the exercise is cancelled and a refund is paid back ...
Contractual Right of Rescission. The Subscription Agreements shall contain a contractual right of rescission granted by the Company to the Purchasers in respect of misrepresentations in the Preliminary Qualification Prospectus, the Final Qualification Prospectus and any Supplementary Material.
Contractual Right of Rescission. In the event that the prospectus of the Company qualifying the distribution of the Common Shares issuable upon the conversion of the 6.25% Debentures (including the documents incorporated by reference therein) or any amendment thereto (the “Prospectus”), contains a misrepresentation (as defined under Canadian Securities Legislation) or was not delivered to a purchaser of 6.25% Debentures in accordance with Canadian Securities Legislation, holders of the 6.25% Debentures that have exercised the conversion privilege described in this Article IX and converted their 6.25% Debentures into Common Shares will have a contractual right of rescission against the Company entitling them to receive from the Company, upon surrender to the Company of the Common Shares issued upon such conversion, the amount paid for the 6.25% Debentures, provided that such right of rescission is exercised within 180 days of the date of the purchase of the 6.25% Debentures under the Prospectus. The foregoing contractual right of rescission shall be subject to the defences described under the Securities Act (Alberta), which is incorporated herein by reference, mutatis mutandis, and any other defence or defences available to the Company under Canadian Securities Legislation. No action shall be commenced to enforce the foregoing right of rescission more than 180 days after the date of purchase of the 6.25% Debentures under the Prospectus. The Canadian Trustee shall not be responsible for ensuring the 6.25% Debentures are returned to the holder. In such cases, the holder shall seek a return directly from the Canadian and subsequently, the Company, upon surrender to the Company or the Canadian Trustee of any underlying Common Shares or other securities that may have been issued, or such other procedure as agreed to by the parties hereto, shall instruct the Canadian Trustee in writing, to cancel the conversion transaction and any such underlying Common Shares or other securities on the register, which may have already been issued upon the conversion. In the event that any payment is received from the Company by virtue of the holder being a shareholder for such Common Shares that were subsequently rescinded, such payment must be returned to the Company by such holder. The Canadian Trustee shall not be under any duty or obligation to take any steps to ensure or enforce the return of the funds pursuant to this section, nor shall the Canadian Trustee be in any other way responsible in the event tha...
Contractual Right of Rescission. The Company agrees that in the event that a holder of a Special Warrant who acquires Common Shares and Warrants upon the exercise of such Special Warrant as provided for in the Prospectus is or becomes entitled under the Securities Laws to the remedy of rescission by reason of the 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 Warrants, but also of the Offering and shall be entitled in connection with such rescission to a full refund from the Company of the amount of the purchase price paid in respect of the Special Warrants to the Company. In the event such holder is a permitted or lawful assignee of the interest of the original Special Warrant subscriber, such 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 (but specifically not by any directors, officers or other agent of the Company) to holders of Special Warrants, assignees of such holders and holders of Common Shares and Warrants 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 section 130 of the Securities Act (Ontario) or otherwise at law. The foregoing contractual rights of action for rescission shall be subject to the defence described under section 130(2) of the Securities Act (Ontario) which is incorporated herein by reference, mutatis mutandis. No action shall be commenced to enforce the foregoing rights of action for rescission more than 180 days after payment is made for the Special Warrants.
Contractual Right of Rescission. Original Canadian purchasers of Convertible Units (“Original Purchasers”) will have a contractual right of rescission against the Fund following the issuance of the Class A Units, Class U Units, Class D Units or Class E Units, as applicable, to such Original Purchasers upon the conversion of the Convertible Units. The contractual right of rescission will entitle such Original Purchasers to receive the amount paid for the applicable Convertible Unit upon surrender of the Class A Unit, Class U Unit, Class D Unit or Class E Unit issued upon the conversion of the applicable Convertible Unit, in the event that the Prospectus contains a misrepresentation (within the meaning of the Securities Act), provided that: (i) the conversion takes place within 180 days of the date of the purchase under the Prospectus of the applicable Convertible Unit; and (ii) the right of rescission is exercised within 180 days of the date of the purchase under the Prospectus of the applicable Convertible Unit. This contractual right of rescission shall be subject to the defences, limitations and other provisions described under part XXIII of the Securities Act, and is in addition to any other right or remedy available to Original Purchasers under section 130 of the Securities Act or otherwise at law. Original Purchasers are further advised that in certain provinces the statutory right of action for damages in connection with a prospectus misrepresentation is limited to the amount paid for the applicable convertible security that was purchased under a prospectus.
Contractual Right of Rescission. In the event that a Purchaser who acquires Underlying Shares and Underlying Warrants upon the conversion of the Subscription Receipts is or becomes entitled under Canadian Securities Laws to the remedy of rescission by reason of a misrepresentation in the Final Prospectus, or any Supplementary Material, the Corporation hereby agrees that such holder shall, subject to available defences and any limitation period under Canadian Securities Laws, be entitled to rescission not only of the holder’s conversion of its Subscription Receipts, but also of the private placement transaction under this Agreement pursuant to which the Subscription Receipts were initially acquired (i.e. the Offering), and shall be entitled in connection with such rescission to a full refund of all consideration paid to the Corporation on the acquisition of the Subscription Receipts. The Corporation agrees that the foregoing rights shall be contained in the Subscription Receipt Agreement and described in the Preliminary Prospectus, the Final Prospectus and any Supplementary Material, and the Corporation agrees to and shall comply with such contractual right of rescission.
Contractual Right of Rescission. In the event that the amended and restated prospectus supplement dated January 30, 2014 (amending and restating the prospectus supplement dated January 28, 2014) to its base shelf prospectus dated February 12, 2013 filed with the Canadian securities regulatory authority in each Province of Canada (the “Prospectus”) qualifying the distribution of the Series 1 Debentures, or any amendment thereto, contains a misrepresentation (as defined under applicable securities laws), original purchasers of the Series 1 Debentures that have exercised the conversion privilege described in Section 3 of Schedule A and converted their Series 1 Debentures into Common Shares will have a contractual right of rescission against the Company entitling them to receive from the Company, upon surrender to the Company of the Common Shares issued upon such conversion, the amount paid for such Series 1 Debentures, provided that such right of rescission is exercised within 180 days of the date of purchase of the Series 1 Debentures under the Prospectus. The foregoing contractual right of rescission shall be subject to the defences available to the Company under applicable laws, rules and instruments. No action shall be commenced to enforce the foregoing right of rescission more than 180 days after the date of purchase of the Series 1 Debentures under the Prospectus.
Contractual Right of Rescission. 8.1 By its acceptance of this Agreement, the Issuer hereby grants to the Subscriber a contractual right of action for rescission set forth below in Section 8.2 and the Subscriber agrees to assign and explicitly extend the benefit of such right (but without liability to any Subscriber who is not a dealer) to any permitted assignee or transferee of the Special Warrants. Subject to the foregoing, the Subscriber (and, if applicable, others for whom it is contracting hereunder) hereby waives and releases the Issuer, and the Agents from, to the fullest extent permitted by law, all rights of withdrawal to which the Subscriber might otherwise be entitled under applicable Securities Laws including, without limitation, any rights pursuant to subsection 71(2) of the Ontario Act and the analogous provision of the Securities Laws of the other provinces of Canada.
Contractual Right of Rescission. In the event that the short form prospectus (the “Prospectus”) of the Corporation dated September 15, 2011 qualifying the distribution of the 5.75% Debentures, or any amendment thereto, contains a misrepresentation (as defined under applicable securities laws), original purchasers of the 5.75% Debentures that have exercised the conversion privilege described in Section 2.1(f) hereof and converted their 5.75% Debentures into Common Shares will have a contractual right of rescission against the Corporation entitling them to receive from the Corporation, upon surrender to the Corporation of the Common Shares (including any Make Whole Shares) issued upon such conversion, the amount paid for such 5.75% Debentures, provided that such right of recession is exercised within 180 days of the date of purchase of the 5.75% Debentures under the Prospectus. The foregoing contractual right of rescission shall be subject to the defences described under section 130 of the Securities Act (Ontario), which is incorporated herein by reference, mutatis mutandis, and any other defence or defences available to the Corporation under applicable laws, rules and instruments. No action shall be commenced to enforce the foregoing right of rescission more than 180 days after the date of purchase of the 5.75% Debentures under the Prospectus.
Contractual Right of Rescission. In the event that the prospectus supplement dated April 8, 2014 to its base shelf prospectus dated February 12, 2013 filed with the Canadian securities regulatory authority in each Province of Canada (the “Prospectus”) qualifying the distribution of the Series 2 Debentures, or any amendment thereto, contains a misrepresentation (as defined under applicable securities laws), original purchasers of the Series 2 Debentures that have exercised the conversion privilege described in Section 3 of Schedule A and converted their Series 2 Debentures into Common Shares will have a contractual right of rescission against the Company entitling them to receive from the Company, upon surrender to the Company of the Common Shares issued upon such conversion, the amount paid for such Series 2 Debentures, provided that such right of rescission is exercised within 180 days of the date of purchase of the Series 2 Debentures under the Prospectus. The foregoing contractual right of rescission shall be subject to the defences available to the Company under applicable laws, rules and instruments. No action shall be commenced to enforce the foregoing right of rescission more than 180 days after the date of purchase of the Series 2 Debentures under the Prospectus.
