Common use of Deposit by Seller Clause in Contracts

Deposit by Seller. (a) Subject to Subsection 1.2(b) below, the Seller agrees to deposit or cause to be deposited, all of the Seller’s Shares under the Offer no later than the fifth (5th) business day after the date of commencement of the Offer and thereafter except as may be permitted under this Agreement or applicable law not withdraw or permit the Seller’s Shares to be withdrawn from the Offer. In the event that the Seller subsequently obtains any additional Subject Shares, such Subject Shares shall be deposited under the Offer as soon as practicable after the date such Subject Shares are obtained. (b) The Seller hereby agrees that neither it nor any person or entity acting on its behalf will withdraw or take any action to withdraw any of the Seller’s Shares deposited under the Offer notwithstanding any statutory rights or other rights under the terms of the Offer or otherwise which it might have, unless this Agreement is terminated in accordance with its terms prior to the take-up and payment of the Seller’s Shares under the Offer.

Appears in 2 contracts

Samples: Lock Up Agreement (Denison Mines Corp.), Lock Up Agreement (Denison Mines Corp.)

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Deposit by Seller. (a) Subject to Subsection 1.2(b) below, the Seller agrees to deposit or cause to be deposited, all of the Seller’s Shares under the Offer, and it shall elect to receive its consideration for all of the Seller’s Shares under the Offer under either the Cash and Share Option or the Cash Only Option (and thus it shall not elect to receive its consideration under the Shares Only Option), no later than the fifth (5th) business day after prior to the date of commencement of the Offer Expiry Time, and thereafter except as may be permitted under this Agreement or applicable law not withdraw or permit the Seller’s Shares to be withdrawn from the Offer. In the event that the Seller subsequently obtains any additional Subject Shares, such Subject Shares shall likewise be deposited under the Offer as soon as practicable after on or before the date such Subject Shares are obtainedfifth (5th) business day prior to the Expiry Time. (b) The Seller hereby agrees that neither it nor any person or entity acting on its behalf will withdraw or take any action to withdraw any of the Seller’s Shares deposited under the Offer notwithstanding any statutory rights or other rights under the terms of the Offer or otherwise which it might have, unless this Agreement is terminated in accordance with its terms prior to the take-up and payment of the Seller’s Shares under the Offer.

Appears in 1 contract

Samples: Lock Up Agreement (AbitibiBowater Inc.)

Deposit by Seller. (a) Subject to Subsection 1.2(b) below, the Seller agrees to deposit or cause to be deposited, all of the Seller’s Shares under the Offer no later than the fifth (5th) business day after prior to the date of commencement of the Offer Expiry Time, and thereafter except as may be permitted under this Agreement or applicable law law, not withdraw or permit the Seller’s Shares to be withdrawn from the Offer. In the event that the Seller subsequently obtains any additional Subject Shares, such Subject Shares shall likewise be deposited under the Offer as soon as practicable after on or before the date such Subject Shares are obtainedfifth (5th) business day prior to the Expiry Time. (b) The Seller hereby agrees that neither it nor any person or entity acting on its behalf will withdraw or take any action to withdraw any of the Seller’s Shares deposited under the Offer notwithstanding any statutory rights or other rights under the terms of the Offer or otherwise which it might have, unless this Agreement is terminated in accordance with its terms prior to the take-up and payment of the Seller’s Shares under the Offer.

Appears in 1 contract

Samples: Lock Up Agreement (AbitibiBowater Inc.)

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Deposit by Seller. (a) Subject to Subsection 1.2(b) below, the Seller agrees to deposit or cause to be deposited, all of the Seller’s Shares under the Offer no later than the fifth tenth (5th10th) business day after the date of commencement of the Offer and thereafter except as may be permitted under this Agreement or applicable law not withdraw or permit the Seller’s Shares to be withdrawn from the Offer. In the event that the Seller subsequently obtains any additional Subject Shares, such Subject Shares shall be deposited under the Offer as soon as practicable after the date such Subject Shares are obtained. (b) The Seller hereby agrees that neither it nor any person or entity acting on its behalf will withdraw or take any action to withdraw any of the Seller’s Shares deposited under the Offer notwithstanding any statutory rights or other rights under the terms of the Offer or otherwise which it might have, unless this Agreement is terminated in accordance with its terms prior to the take-up and payment of the Seller’s Shares under the Offer.

Appears in 1 contract

Samples: Lock Up Agreement (Denison Mines Corp.)

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