Corporation may provide for alternate means of adjustment. In the event the Corporation shall at any time after the Record Time issue any shares of capital stock (other than Common Shares), or rights or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in Sections 2.3(a)(i) or (iv) or 2.3(b) or (c) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by Sections 2.3(a), (b) and (c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Corporation shall be entitled to determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding Sections 2.3(a), (b) and (c) above, such adjustments, rather than the adjustments contemplated by Sections 2.3(a), (b) and (c) above, shall be made. The Corporation and the Rights Agent shall amend this Agreement as appropriate to provide for such adjustments.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Catalyst Paper Corp)
Corporation may provide for alternate means of adjustment. In the event the Corporation shall at any time after the Record Time issue any shares of capital stock (other than Common Shares), or rights or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in Sections Section 2.3(a)(i) or (ivSection 2.3(a)(iv) or Section 2.3(b) or (cSection 2.3(c) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by Sections Section 2.3(a), (bSection 2.3(b) and (cSection 2.3(c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Corporation shall be entitled to determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding Sections Section 2.3(a), (bSection 2.3(b) and (cSection 2.3(c) above, such adjustments, rather than the adjustments contemplated by Sections Section 2.3(a), (bSection 2.3(b) and (cSection 2.3(c) above, shall be made. The Corporation and the Rights Agent shall amend this Agreement as appropriate to provide for such adjustments.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Potash Corp of Saskatchewan Inc)
Corporation may provide for alternate means of adjustment. In the event the Corporation shall at any time after the Record Time issue any shares of capital stock (other than Common Shares), or rights or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in Sections 2.3(a)(iSection 2.3(1)(a) or (ivSection 2.3(1)(d) or 2.3(bSection 2.3(2) or (cSection 2.3(3) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by Sections 2.3(aSection 2.3(1), (bSection 2.3(2) and (cSection 2.3(3) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Corporation shall be entitled to determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding Sections 2.3(aSection 2.3(1), (bSection 2.3(2) and (cSection 2.3(3) above, such adjustments, rather than the adjustments contemplated by Sections 2.3(aSection 2.3(1), (bSection 2.3(2) and (cSection 2.3(3) above, shall be made. The Corporation and the Rights Agent shall amend this Agreement as appropriate to provide for such adjustments.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Vitran Corp Inc)