Common use of Delivery of New Gold Common Shares Clause in Contracts

Delivery of New Gold Common Shares. (a) Upon surrender to the Depositary for cancellation of a certificate that immediately before the Effective Time represented one or more outstanding Peak Common Shares that were exchanged for New Gold Common Shares in accordance with Section 3.01 hereof, together with such other documents and instruments as would have been required to effect the transfer of the Peak Common Shares formerly represented by such certificate under the BCBCA and the articles of Peak and such additional documents and instruments as the Depositary may reasonably require, the holder of such surrendered certificate shall be entitled to receive in exchange therefor, and the Depositary shall deliver to such holder following the Effective Time, a certificate representing the New Gold Common Shares that such holder is entitled to receive in accordance with Section 3.01 hereof and a cheque for the cash consideration to which such holder is entitled. (b) After the Effective Time and until surrendered for cancellation as contemplated by Section 5.01(a) hereof, each certificate that immediately prior to the Effective Time represented one or more Peak Common Shares shall be deemed at all times to represent only the right to receive in exchange therefor a certificate representing the New Gold Common Shares and the cash consideration that the holder of such certificate is entitled to receive in accordance with Section 3.01 hereof.

Delivery of New Gold Common Shares. (a) Upon surrender to the Depositary for cancellation of a certificate that which immediately before prior to the Effective Time represented one or more outstanding Peak Metallica Common Shares that which were exchanged for New Gold Common Shares in accordance with Section 3.01 subsection 3.1(b) hereof, together with such other documents and instruments as would have been required to effect the transfer of the Peak Metallica Common Shares formerly represented by such certificate under the BCBCA CBCA and the articles by-laws of Peak Metallica and such additional documents and instruments as the Depositary may reasonably require, the holder of such surrendered certificate shall be entitled to receive in exchange therefor, and the Depositary shall deliver to such holder following the Effective Time, a certificate representing the New Gold Common Shares that such holder is entitled to receive in accordance with Section 3.01 hereof and a cheque for the cash consideration to which such holder is entitledentitled to receive in accordance with subsection 3.1(b) hereof. (b) After the Effective Time and until surrendered for cancellation as contemplated by Section 5.01(asubsection 5.1(a) hereof, each certificate that which immediately prior to the Effective Time represented one or more Peak Metallica Common Shares shall be deemed at all times to represent only the right to receive in exchange therefor a certificate representing the New Gold Common Shares and the cash consideration that entitlements which the holder of such certificate is entitled to receive in accordance with Section 3.01 5.1(a) hereof.