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. 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. 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. 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. Equinox 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 shall be deemed to have transferred their Dissenting Shares to Equinox for cancellation as of the Effective Time pursuant to §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 Equinox Shareholder and shall receive New Equinox Shares and Solaris Shares on the same basis as every other non-dissenting Equinox Shareholder; but in no case shall Equinox be required to recognize such persons as holding Equinox 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. 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. KBY Shareholders who duly exercise Dissent Rights with respect to their KBY 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 KBY 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 on a non-dissenting KBY Shareholder and shall receive KBY New Shares, Hapuna Shares and Bexar Shares on the same basis as every other non-dissenting KBY Shareholder; but in no case shall KBY be required to recognize such persons as holding KBY Shares on or after the Effective Date.
Dealing with Dissenting Shares. LITH 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 LITH Shares shall be deemed to have transferred their LITH Shares to LITH for cancellation as of the Effective Time; or
(b) for any reason are ultimately not entitled to be paid for their LITH Shares, shall be deemed to have participated in the Arrangement on the same basis as a non-dissenting LITH Shareholder and shall receive SpinCo Shares on the same basis as every other non- dissenting LITH Shareholder.
