Common use of Delivery of Parent Common Shares Clause in Contracts

Delivery of Parent Common Shares. EFFECT OF EXERCISE. Promptly after receipt of the certificates representing the Exchangeable Shares that the Holder desires CDN2 to purchase under the Exchange Right (together with such documents and instruments of transfer and a duly completed form of notice of exercise of the Exchange Right (and payment of taxes, if any, or evidence thereof in accordance with section 5.8), duly endorsed for transfer to CDN2, the Trustee shall notify Parexx, XXX, XXX0 xxx Acquisition Sub of its receipt of the same, which notice to Parexx, XXX, XXX0 xxx Acquisition Sub shall constitute exercise of the Exchange Right by the Trustee on behalf of the holder of such Exchangeable Shares, and CDN2 shall immediately thereafter deliver or cause to be delivered to the Trustee, for delivery to the Holder of such Exchangeable Shares (or to such other persons, if any, properly designated by such Holder), the certificates for the number of Parent Common Shares issuable in connection with the exercise of the Exchange Right, which shares shall be duly issued as fully paid and non-assessable and shall be free and clear of any Liens, and cheques for the balance, if any, of the total purchase price therefor (or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such property). Immediately upon the giving of notice by the Trustee to Parexx, XXX, XXX0 xxx Acquisition Sub of the exercise of the Exchange Right, as provided in this section 5.6, the closing of the transaction of purchase and sale contemplated by the Exchange Right shall be deemed to have occurred, and the Holder of such Exchangeable Shares shall be deemed to have transferred to CDN2 all of its right, title and interest in and to such Exchangeable Shares and in the related interest in the Trust Estate and shall cease to be a holder of such Exchangeable Shares and shall not be entitled to exercise any of the rights of a holder in respect thereof, other than the right to receive the purchase price therefor, unless the requisite number of Parent Common Shares (together with a cheque for the balance, if any, of the purchase price therefor or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such property) is not allotted, issued and delivered by CDN2 to the Trustee for delivery to such Holder (or to other persons, if any, properly designated by such Holder) within five Business Days of the date of the giving of such notice by the Trustee, in which case the rights of the Holder shall remain unaffected until such Parent Common Shares are so allotted, issued and delivered by CDN2 and any such cheque is so delivered and paid. Concurrently with such Holder ceasing to be a holder of Exchangeable Shares, the Holder shall be considered and deemed for all purposes to be the holder of the Parent Common Shares delivered to it pursuant to the Exchange Right.

Delivery of Parent Common Shares. EFFECT OF EXERCISE. Promptly after the receipt of the certificates representing the Exchangeable Shares that which the Holder Beneficiary desires CDN2 Parent to purchase under the Exchange Right (Right, together with such documents and instruments of transfer and a duly completed form of notice of exercise of the Exchange Right (and payment of taxes, if any, payable as contemplated by section 5.8 or evidence thereof in accordance with section 5.8thereof), duly endorsed for transfer to CDN2Parent, the Trustee shall notify Parexx, XXX, XXX0 xxx Acquisition Sub Parent and Exchangeco of its receipt of the same, which notice to Parexx, XXX, XXX0 xxx Acquisition Sub Parent and Exchangeco shall constitute exercise of the Exchange Right by the Trustee on behalf of the holder of such Exchangeable Shares, and CDN2 Parent shall immediately promptly thereafter deliver or cause to be delivered to the Trustee, for delivery to the Holder Beneficiary of such Exchangeable Shares (or to such other personsPersons, if any, properly designated by such Holder), the Beneficiary) certificates for representing the number of Parent Common Shares issuable in connection with the exercise of the Exchange Right, which shares shall be duly issued as fully paid and non-assessable and shall be free and clear on the applicable payment date cheques payable at par at any branch of any Liens, and cheques the bankers of Parent for the balance, if any, of the total purchase price therefor without interest (orbut in each case less any amounts withheld pursuant to section 5.13); provided, if part however, that no such delivery shall be made unless and until the Beneficiary requesting the same shall have paid (or provided evidence satisfactory to the Trustee, Exchangeco and Parent of the purchase price consists payment of) the taxes (if any) payable as contemplated by section 5.8 of dividends payable in property, such property or property the same as or economically equivalent to such property)this Agreement. Immediately upon the giving of notice by the Trustee to Parexx, XXX, XXX0 xxx Acquisition Sub Parent and Exchangeco of the exercise of the Exchange Right, Right as provided in this section 5.6, the closing of the transaction of purchase and sale contemplated by the Exchange Right shall be deemed to have occurred, occurred and the Holder holder of such Exchangeable Shares shall be deemed to have transferred to CDN2 Parent all of its such holder's right, title and interest in and to such Exchangeable Shares and in the related interest in the Trust Estate free and clear of any lien, claim or encumbrance and shall cease to be a holder of such Exchangeable Shares and shall not be entitled to exercise any of the rights of a holder in respect thereof, other than the right to receive his proportionate part of the total purchase price therefor, unless the requisite number of Parent Common Shares (together with a cheque for the balance, if any, of the purchase price therefor or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such property) is not allotteddelivered by, issued and delivered by CDN2 or on behalf of, Parent to the Trustee for delivery to such Holder (or to other persons, if any, properly designated by such Holder) within five Business Days of the date of the giving of such notice by the TrusteeTrustee or the balance of the purchase price, if any, is not paid by Parent on the applicable payment date therefor, in which case the rights of the Holder Beneficiary shall remain unaffected until such Parent Common Shares are so allotteddelivered, issued and delivered the balance of the purchase price, if any, has been paid, by CDN2 Parent. Upon delivery by Parent to the Trustee of such Parent Common Shares, and any the balance of the purchase price, if any, the Trustee shall deliver such cheque is so delivered Parent Common Shares and paidthe balance of the purchase price, if any, to such Beneficiary (or to such other Persons, if any, properly designated by such Beneficiary). Concurrently with such Holder Beneficiary ceasing to be a holder of Exchangeable Shares, the Holder Beneficiary shall be considered and deemed for all purposes to be the holder of the Parent Common Shares delivered to it pursuant to the Exchange Right.

Delivery of Parent Common Shares. EFFECT OF EXERCISE. Promptly after receipt of the certificates representing the Exchangeable Shares that which the Holder Beneficiary desires CDN2 the Parent to purchase under the Exchange Right (together with such documents and instruments of transfer and a duly completed form of notice of exercise of the Exchange Right (and payment of taxes, if any, or evidence thereof in accordance with section 5.8thereof), duly endorsed for transfer to CDN2the Parent, the Trustee shall notify Parexx, XXX, XXX0 xxx Acquisition Sub the Parent and the Corporation of its receipt of the same, which notice to Parexx, XXX, XXX0 xxx Acquisition Sub the Parent and the Corporation shall constitute exercise of the Exchange Right by the Trustee on behalf of the holder of such Exchangeable Shares, and CDN2 the Parent shall immediately thereafter deliver or cause to be delivered to the Trustee, for delivery to the Holder Beneficiary of such Exchangeable Shares (or to such other persons, if any, properly designated by such HolderBeneficiary), the certificates for the number of Parent Common Shares issuable in connection with the exercise of the Exchange Right, which shares shall be duly issued as fully paid and non-assessable and shall be free and clear of any Lienslien, claim or encumbrance, and cheques for the balance, if any, of the total purchase price therefor therefor; provided, however, that no such delivery shall be made unless and until the Beneficiary requesting the same shall have paid (oror provided evidence satisfactory to the Trustee, if part the Corporation and the Parent of the purchase price consists payment of) the taxes (if any) payable as contemplated by section 5.8 of dividends payable in property, such property or property the same as or economically equivalent to such property)this trust agreement. Immediately upon the giving of notice by the Trustee to Parexx, XXX, XXX0 xxx Acquisition Sub the Parent and the Corporation of the exercise of the Exchange Right, as provided in this section 5.6, the closing of the transaction of purchase and sale contemplated by the Exchange Right shall be deemed to have occurred, and the Holder Beneficiary of such Exchangeable Shares shall be deemed to have transferred to CDN2 the Parent all of its right, title and interest in and to such Exchangeable Shares and in the related interest in the Trust Estate and shall cease to be a holder of such Exchangeable Shares and shall not be entitled to exercise any of the rights of a holder in respect thereof, other than the right to receive his proportionate part of the total purchase price therefor, unless the requisite number of Parent Common Shares (together with a cheque for the balance, if any, of the total purchase price therefor or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such propertytherefor) is not allotted, issued and delivered by CDN2 the Parent to the Trustee Trustee, for delivery to such Holder Beneficiary (or to such other persons, if any, properly designated by such Holder) Beneficiary), within five Business Days of the date of the giving of such notice by the Trustee, in which case the rights of the Holder Beneficiary shall remain unaffected until such Parent Common Shares are so allotted, issued and delivered by CDN2 the Parent and any such cheque is so delivered and paid. Concurrently with such Holder Beneficiary ceasing to be a holder of Exchangeable Shares, the Holder Beneficiary shall be considered and deemed for all purposes to be the holder of the Parent Common Shares delivered to it pursuant to the Exchange Right.

Delivery of Parent Common Shares. EFFECT OF EXERCISE. Promptly after the receipt of the certificates representing the Exchangeable Shares that which the Holder Shareholders desires CDN2 Pure to purchase under the Exchange Right (together with such documents and instruments of transfer and a duly completed form of notice of exercise of the Exchange Right (and payment of taxes, if any, or evidence thereof in accordance with section 5.8)Right, duly endorsed for transfer to CDN2, the Trustee Pure shall notify Parexx, XXX, XXX0 xxx Acquisition Sub of its receipt of the same, which notice to Parexx, XXX, XXX0 xxx Acquisition Sub shall constitute exercise of the Exchange Right by the Trustee on behalf of the holder of such Exchangeable Shares, and CDN2 shall immediately promptly thereafter deliver or cause to be delivered to the Trustee, for delivery to the Holder of such Exchangeable Shares (or to such other persons, if any, properly designated by such Holder), the certificates for Shareholders the number of Parent Common Shares issuable in connection with the exercise of the Exchange Right, which shares shall be duly issued as fully paid and non-assessable and shall be free and clear of any Liens, and on the applicable payment date cheques for the balance, if any, of the total purchase price therefor without interest (or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent but less any amounts withheld pursuant to such property)subsection 2.8) . Immediately upon the giving of notice by the Trustee Shareholders to Parexx, XXX, XXX0 xxx Acquisition Sub Pure of the exercise of the Exchange Right, as provided in this section 5.6, the closing of the transaction of purchase and sale contemplated by the Exchange Right shall be deemed to have occurred, occurred and the Holder holder of such Exchangeable Shares shall be deemed to have transferred to CDN2 Pure all of its such holder’s right, title and interest in and to such Exchangeable Shares and in the related interest in the Trust Estate and shall cease to be a holder of such Exchangeable Shares and shall not be entitled to exercise any of the rights of a holder in respect thereof, other than the right to receive its proportionate part of the total purchase price therefor, unless the requisite number of Parent Common Shares (together with a cheque for the balance, if any, of the purchase price therefor or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such property) is not allotted, issued and delivered by CDN2 Pure to the Trustee for delivery to such Holder (or to other persons, if any, properly designated by such Holder) Shareholders within five Business Days of the date of the giving of such notice or the balance of the purchase price, if any, is not paid by Pure on the Trusteeapplicable payment date therefor, in which case the rights of the Holder Shareholders shall remain unaffected until such Parent Common Shares are so allotteddelivered, issued and delivered by CDN2 and any such cheque is so delivered and paid. Concurrently with such Holder ceasing to be a holder of Exchangeable Shares, the Holder shall be considered and deemed for all purposes to be the holder balance of the Parent Common Shares delivered to it pursuant to the Exchange Rightpurchase price, if any, has been paid, by Pure.

Delivery of Parent Common Shares. EFFECT OF EXERCISE. Promptly after the receipt of the certificates representing the Exchangeable Shares that which the Holder Beneficiary desires CDN2 Parent to purchase under the Exchange Right (Right, together with such documents and instruments of transfer and a duly completed form of notice of exercise of the Exchange Right (and payment of taxes, if any, payable as contemplated by section 5.8 or evidence thereof in accordance with section 5.8thereof), duly endorsed for transfer to CDN2Parent, the Trustee shall notify Parexx, XXX, XXX0 xxx Acquisition Sub Parent and Company of its receipt of the same, which notice to Parexx, XXX, XXX0 xxx Acquisition Sub Parent and Company shall constitute exercise of the Exchange Right by the Trustee on behalf of the holder of such Exchangeable Shares, and CDN2 Parent shall immediately promptly thereafter deliver or cause to be delivered to the Trustee, for delivery to the Holder Beneficiary of such Exchangeable Shares (or to such other personsPersons, if any, properly designated by such Holder), the Beneficiary) certificates for representing the number of Parent Common Shares issuable in connection with the exercise of the Exchange Right, which shares shall be duly issued as fully paid and non-assessable and shall be free and clear on the applicable payment date cheques payable at par at any branch of any Liens, and cheques the bankers of Parent for the balance, if any, of the total purchase price therefor without interest (orbut in each case less any amounts withheld pursuant to section 5.13); provided, if part however, that no such delivery shall be made unless and until the Beneficiary requesting the same shall have paid (or provided evidence satisfactory to the Trustee, Company and Parent of the purchase price consists payment of) the taxes (if any) payable as contemplated by section 5.8 of dividends payable in property, such property or property the same as or economically equivalent to such property)this Agreement. Immediately upon the giving of notice by the Trustee to Parexx, XXX, XXX0 xxx Acquisition Sub Parent and Company of the exercise of the Exchange Right, Right as provided in this section 5.6, the closing of the transaction of purchase and sale contemplated by the Exchange Right shall be deemed to have occurred, occurred and the Holder holder of such Exchangeable Shares shall be deemed to have transferred to CDN2 Parent all of its such holder's right, title and interest in and to such Exchangeable Shares and in the related interest in the Trust Estate free and clear of any lien, claim or encumbrance and shall cease to be a holder of such Exchangeable Shares and shall not be entitled to exercise any of the rights of a holder in respect thereof, other than the right to receive his proportionate part of the total purchase price therefor, unless the requisite number of Parent Common Shares (together with a cheque for the balance, if any, of the purchase price therefor or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such property) is not allotteddelivered by, issued and delivered by CDN2 or on behalf of, Parent to the Trustee for delivery to such Holder (or to other persons, if any, properly designated by such Holder) within five Business Days of the date of the giving of such notice by the TrusteeTrustee or the balance of the purchase price, if any, is not paid by Parent on the applicable payment date therefor (in both cases net of any withholding described in section 5.13), in which case the rights of the Holder Beneficiary shall remain unaffected until such Parent Common Shares are so allotteddelivered, issued and delivered the balance of the purchase price, if any, has been paid, by CDN2 Parent. Upon delivery by Parent to the Trustee of such Parent Common Shares, and the balance of the purchase price, if any, (net of any withholding described in section 5.13) the Trustee shall deliver such cheque is so delivered Parent Common Shares and paidthe balance of the purchase price, if any, to such Beneficiary (or to such other Persons, if any, properly designated by such Beneficiary). Concurrently with such Holder Beneficiary ceasing to be a holder of Exchangeable Shares, the Holder Beneficiary shall be considered and deemed for all purposes to be the holder of the Parent Common Shares delivered to it pursuant to the Exchange Right.

Delivery of Parent Common Shares. EFFECT OF EXERCISE. Promptly after receipt of the certificates representing the Exchangeable Shares that which the Holder Beneficiary desires CDN2 Swissco to purchase under the Exchange Right (together with such documents and instruments of transfer and a duly completed form of notice of exercise of the Exchange Right (and payment of taxes, if any, or evidence thereof in accordance with section 5.8thereof), duly endorsed for transfer to CDN2Swissco, the Trustee shall notify Parexxthe Parent, XXX, XXX0 xxx Acquisition Sub Swissco and the Corporation of its receipt of the same, which notice to Parexxthe Parent, XXX, XXX0 xxx Acquisition Sub Swissco and the Corporation shall constitute exercise of the Exchange Right by the Trustee on behalf of the holder of such Exchangeable Shares, and CDN2 Swissco shall immediately thereafter deliver or cause to be delivered to the Trustee, for delivery to the Holder Beneficiary of such Exchangeable Shares (or to such other persons, . if any, properly designated by such HolderBeneficiary), the certificates for the number of Parent Common Shares issuable deliverable in connection with the exercise of the Exchange Right, which shares shall be duly issued as fully paid and non-assessable and shall be free and clear of any Lienslien, claim or encumbrance, and cheques for the balance, if any, of the total purchase price therefor (or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such property)therefor. Immediately upon the giving of notice by the Trustee to Parexxthe Parent, XXX, XXX0 xxx Acquisition Sub Swissco and the Corporation of the exercise of the Exchange Right, as provided in this section 5.6, the closing of the transaction of purchase and sale contemplated by the Exchange Right shall be deemed to have occurred, and the Holder Beneficiary of such Exchangeable Shares shall be deemed to have transferred to CDN2 Swissco all of its right, title and interest in and to such Exchangeable Shares and in the related interest in the Trust Estate and shall cease to be a holder of such Exchangeable Shares and shall not be entitled to exercise any of the rights of a holder in respect thereof, other than the right to receive his proportionate part of the total purchase price therefor, unless the requisite number of Parent Common Shares (together with a cheque for the balance, if any, of the total purchase price therefor or, if part of the purchase price consists of dividends payable in property, such property or property the same as or economically equivalent to such propertytherefor) is not allotted, issued and delivered by CDN2 Swissco to the Trustee Trustee, for delivery to such Holder Beneficiary (or to such other persons, if any, properly designated by such Holder) Beneficiary), within five Business Days of the date of the giving of such notice by the Trustee, in which case the rights of the Holder Beneficiary shall remain unaffected until such Parent Common Shares are so allotted, issued and delivered by CDN2 Swissco and any such cheque is so delivered and paid. Concurrently with such Holder Beneficiary ceasing to be a holder of Exchangeable Shares, the Holder Beneficiary shall be considered and deemed for all purposes to be the holder of the Parent Common Shares delivered to it pursuant to the Exchange Right.