Dealing with Dissenting Shares. Foremost Shareholders who duly exercise Dissent Rights with respect to their Dissenting Shares and who:
(a) are ultimately entitled to be paid the fair value for their Dissenting Shares by Foremost shall be deemed to have transferred their Dissenting Shares to Foremost for cancellation as of the Effective Time pursuant to Section 3.1(a) above; or
(b) for any reason are ultimately not entitled to be paid for their Dissenting Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting Foremost Shareholder and will receive New Foremost Shares and Rio Grande Common Shares on the same basis as every other non-dissenting Foremost Shareholder; but in no case shall Foremost or any other person be required to recognize such persons as holding Foremost Shares on or after the Effective Date and in no circumstances shall Foremost or any other person be required to recognize a person exercising Dissent Rights unless such person is a registered holder of those Foremost Shares in respect of which such rights are sought to be exercised.
Dealing with Dissenting Shares. Arris Shareholders who duly exercise Dissent Rights with respect to their Arris Shares ("Dissenting Shares") and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares, shall be deemed to have transferred their Dissenting Shares to Arris for cancellation immediately before the Effective Date; or
(b) for any reason are ultimately not entitled to be paid fair value for their Dissenting Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting Arris Shareholder and shall receive New Shares and Cielo Gold Shares on the same basis as every other non-dissenting Arris Shareholder, and in no case shall Arris be required to recognize such persons as holding Arris Shares on or after the Effective Date.
Dealing with Dissenting Shares. SX Shareholders who duly exercise Dissent Rights with respect to their SX Shares (“Dissenting Shares”) and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares shall be deemed to have transferred their Dissenting Shares to SX in accordance with §3.1(b); or
(b) for any reason are ultimately not entitled to be paid fair value for their Dissenting Shares, shall be deemed to have participated in the Arrangement, as of the Effective Time, on the same basis as a non- dissenting SX Shareholder and shall receive New Shares and Spinco Shares on the same basis as every other non-dissenting SX Shareholder; and in no case shall SX be required to recognize such persons as holding SX Shares on or after the Effective Date.
Dealing with Dissenting Shares. If a Red Lake Shareholder exercises his, her or its Dissent Right, Red Lake shall on the Effective Date set aside and not distribute that portion of the Spinco Shares that is attributable to the Red Lake Shares for which the Dissent Right has been exercised. Registered Red Lake Shareholders who duly exercise Dissent Rights and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares by Red Lake shall be deemed not to have transferred their Dissenting Shares to Red Lake for cancellation as at the Effective Time pursuant to §3.1(a); or
(b) are ultimately not entitled, for any reason, to be paid fair value for their Dissenting Shares, shall be deemed to have participated in the Plan of Arrangement on the same basis as any non-dissenting Red Lake Shareholder and shall receive New Red Lake Shares and Spinco Shares on the same basis as every other non-dissenting Red Lake Shareholder. but in no case shall Red Lake be required to recognize such persons as holding Red Lake Shares on or after the Effective Date.
Dealing with Dissenting Shares. BriaCell Shareholders who duly exercise Dissent Rights with respect to their Dissenting Shares and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares by BxxxXxxx shall be deemed to have transferred their Dissenting Shares to BriaCell for cancellation as of the Effective Time pursuant to Section 3.1(a); or
(b) for any reason are ultimately not entitled to be paid for their Dissenting Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting BriaCell Shareholder and shall receive New BriaCell Shares and SpinCo Shares on the same basis as every other non-dissenting BriaCell Shareholder, but in no case shall BriaCell be required to recognize such Persons as holding BriaCell Shares on or after the Effective Date.
Dealing with Dissenting Shares. Arris Shareholders who duly exercise Dissent Rights with respect to their Arris Shares ("Dissenting Shares") and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares, shall be deemed to have transferred their Dissenting Shares to Arris for cancellation immediately before the Effective Date; or
(b) for any reason are ultimately not entitled to be paid fair value for their Dissenting Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting Arris Shareholder and shall receive New Shares and CLI and QMI and AHI Shares on the same basis as every other non-dissenting Arris Shareholder, and in no case shall Arris be required to recognize such persons as holding Arris Shares on or after the Effective Date.
Dealing with Dissenting Shares. Eagle Plains Shareholders who duly exercise Dissent Rights with respect to their Eagle Plains Shares ("Dissenting Shares") and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares shall be deemed to have transferred their Dissenting Shares to Eagle Plains for cancellation immediately before the Effective Date; or
(b) for any reason are ultimately not entitled to be paid for their Dissenting Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting Eagle Plains Shareholder and shall receive Eagle Plains New Shares and Taiga Shares on the same basis as every other non-dissenting Eagle Plains Shareholder; but in no case shall Eagle Plains be required to recognize such persons as holding Eagle Plains Shares on or after the Effective Date.
Dealing with Dissenting Shares. GPK Shareholders who duly exercise Dissent Rights with respect to their GPK Shares ("Dissenting Shares") and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares, shall be deemed to have transferred their Dissenting Shares to GPK for cancellation immediately before the Effective Date; or
(b) for any reason are ultimately not entitled to be paid fair value for their Dissenting Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting GPK Shareholder and shall receive New Shares and Shares on the same basis as every other non- dissenting GPK Shareholder, and in no case shall GPK be required to recognize such persons as holding GPK Shares on or after the Effective Date.
Dealing with Dissenting Shares. Radius Shareholders who duly exercise Dissent Rights with respect to their Radius Shares (“Dissenting Shares”) and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares shall be deemed to have transferred their Dissenting Shares to Radius for cancellation immediately before the Effective Date; or
(b) for any reason are ultimately not entitled to be paid for their Dissenting Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting Radius Shareholder and shall receive New Radius Shares and Rackla Shares and Rackla Warrants and on the same basis as every other non-dissenting Radius Shareholder; but in no case shall Radius be required to recognize such persons as holding Radius Shares on or after the Effective Date.
Dealing with Dissenting Shares. Silver Shareholders who duly exercise Dissent Rights with respect to their Dissenting Shares and who:
(a) are ultimately entitled to be paid fair value for their Dissenting Shares will be deemed to have transferred their Dissenting Shares to Silver for cancellation as of the Effective Time pursuant to Section 3.1(a) of this Plan of Arrangement; or
(b) for any reason are ultimately not entitled to be paid for their Dissenting Shares, will be deemed to have participated in the Arrangement on the same basis as a non- dissenting Silver Shareholder and will receive New Silver Shares and SpinCo Shares on the same basis as every other non-dissenting Silver Shareholder, but in no case will Silver be required to recognize such persons as holding Silver Shares on or after the Effective Date.
