Determination of FPI Protective Restriction. For purposes of subsections 27.6(a)(i) and 27.6(a)(ii), the Board of Directors (or a committee thereof) shall designate an officer of the Company to determine as of each Determination Date:
Appears in 1 contract
Samples: Securities Exchange Agreement
Determination of FPI Protective Restriction. For purposes of subsections 27.6(a)(i6(a)(i) and 27.6(a)(ii6(a)(ii), the Board of Directors (or a committee thereof) shall designate an officer of the Company Corporation to determine as of each Determination Date:: (A) the 45% Threshold; and (B)
Appears in 1 contract
Samples: Merger Agreement
Determination of FPI Protective Restriction. For purposes of subsections 27.6(a)(i6(a)(i) and 27.6(a)(ii6(a)(ii), the Board of Directors (or a delegated committee thereof) shall designate an officer of the Company Corporation to determine as of each Determination Date:: (A) the 40% Threshold and (B) the FPI Protective Restriction. To the extent that the FPI Protective Restriction contained in this Section 6(a) applies, the determination of whether Proportionate Voting Shares are convertible shall be in the sole discretion of the Corporation.
Appears in 1 contract
Samples: Business Combination Agreement
Determination of FPI Protective Restriction. For purposes of subsections 27.6(a)(i6(a)(i) and 27.6(a)(ii6(a)(ii), the Board of Directors (or a delegated committee thereof) shall designate an officer of the Company Corporation to determine as of each Determination Date:: (A) the 55% Threshold and (B) the FPI Protective Restriction. To the extent that the FPI Protective Restriction contained in this Section 6(a) applies, the determination of whether Multiple Voting Shares are convertible shall be in the sole discretion of the Corporation.
Appears in 1 contract
Samples: Business Combination Agreement