Common use of Dissent Rights Clause in Contracts

Dissent Rights. Pursuant to the Interim Order, holders of Creston Shares may exercise rights of dissent ("Dissent Rights") under the provisions of Part 8, Division 2 of the BCBCA, as modified by this Article 4, the Interim Order and the Final Order, with respect to Creston Shares in connection with the Arrangement, provided that the written objection to the special resolution to approve the Arrangement contemplated by Section 242 of the BCBCA must be sent to Creston by holders who wish to dissent at least two days before the Creston Meeting or any date to which the Creston Meeting may be postponed or adjourned and provided further that holders who exercise such rights of dissent and who: (a) are ultimately entitled to be paid fair value for their Creston Shares, which fair value shall be the fair value of such shares immediately before the passing by the Creston Securityholders of the Arrangement Resolution, shall be paid an amount equal to such fair value by Mercator; and (b) are ultimately not entitled, for any reason, to be paid fair value for their Creston Shares shall be deemed to have participated in the Arrangement, as of the Effective Time, on the same basis as a non-dissenting holder of Creston Shares and shall be entitled to receive only the consideration contemplated in Section 3.01(b) hereof that such holder would have received pursuant to the Arrangement if such holder had not exercised Dissent Rights, but in no case shall Mercator, Creston or any other person be required to recognize holders of Creston Shares who exercise Dissent Rights as holders of Creston Shares after the time that is immediately prior to the Effective Time, and the names of such holders of Creston Shares who exercise Dissent Rights shall be deleted from the central securities register as holders of Creston Shares at the Effective Time and Mercator shall be recorded as the registered holder of the Creston Shares so transferred and shall be deemed to be the legal and beneficial owner of such Creston Shares.

Dissent Rights. Pursuant to the Interim Order, holders of Creston Moto Shares may exercise rights of dissent ("“Dissent Rights"”) under the provisions Division 2 of Part 8, Division 2 8 of the BCBCA, as modified by this Article 4, the Interim Order and the Final Order, with respect to Creston Moto Shares in connection with the Arrangement, provided that the written objection to the special resolution to approve the Arrangement contemplated by Section 242 of the BCBCA must be sent to Creston Moto by holders who wish to dissent at least two days before the Creston Moto Meeting or any date to which the Creston Moto Meeting may be postponed or adjourned and provided further that holders who exercise such rights of dissent and who: (a) are ultimately entitled to be paid fair value for their Creston Moto Shares, which fair value shall be the fair value of such shares immediately before the passing by the Creston Moto Securityholders of the Arrangement Resolution, shall be paid an amount equal to such fair value by MercatorMoto; and (b) are ultimately not entitled, for any reason, to be paid fair value for their Creston Moto Shares shall be deemed to have participated in the Arrangement, as of the Effective Time, on the same basis as a non-dissenting holder of Creston Moto Shares and shall be entitled to receive only the consideration Randgold ADS Consideration (if the holder’s address on the share register of Moto is in Canada or the United States) or the Randgold Share Consideration (if the holder’s address on the share register of Moto is not in Canada or the United States) contemplated in Section 3.01(bSections 3.01(c) hereof and (d) hereof, respectively, that such holder would have received pursuant to the Arrangement if such holder had not exercised Dissent RightsRights and not made an Election, but in no case shall MercatorRandgold, Creston Subco, Moto or any other person be required to recognize holders of Creston Moto Shares who exercise Dissent Rights as holders of Creston Moto Shares after the time that is immediately prior to the Effective Time, and the names of such holders of Creston Moto Shares who exercise Dissent Rights shall be deleted from the central securities register as holders of Creston Moto Shares at the Effective Time and Mercator shall be recorded as the registered holder of the Creston Shares so transferred and shall be deemed to be the legal and beneficial owner of such Creston SharesTime.

Dissent Rights. Pursuant to the Interim Order, holders Holders of Creston Kuya Shares may exercise rights of dissent ("“Dissent Rights"”) from the Kuya Amalgamation Resolution pursuant to and in the manner set forth under the provisions of Part 8, Division 2 section 185 of the BCBCA, as modified by this Article 4, the Interim Order and the Final Order, with respect to Creston Shares in connection with the ArrangementOBCA, provided that notwithstanding subsection 185(6) of the OBCA, the written objection to the special resolution to approve the Arrangement contemplated by Section 242 of the BCBCA Kuya Amalgamation Resolution must be sent to Creston Kuya by holders who wish to dissent at least two days before and received by Kuya not later than 11:30 a. m. (Toronto Time) on the Creston date that is one Business Day immediately prior to the Kuya Meeting or any date to which the Creston Kuya Meeting may be postponed or adjourned and provided further that holders who exercise such rights of dissent and who: (ai) are ultimately entitled to be paid fair value for their Creston Kuya Shares, which fair value shall be the fair value of such shares immediately before as at the passing by close of business on the Creston Securityholders of day prior to the Arrangement Resolution, Kuya Meeting and shall be paid an amount equal to such fair value by MercatorAmalco; and (bii) are ultimately not entitled, for any reason, to be paid fair value for their Creston Kuya Shares shall be deemed to have participated in the ArrangementAmalgamation, as of the Effective Time, on the same basis as a non-dissenting holder of Creston Kuya Shares and shall be entitled to receive only the consideration contemplated in Section 3.01(b1.2(o)(i) hereof that such holder would have received pursuant to the Arrangement Amalgamation if such holder had not exercised Dissent Rights, but in no case shall MercatorMont, Creston Mont Subco, Kuya or any other person be required to recognize holders of Creston Kuya Shares who exercise Dissent Rights as holders of Creston Kuya Shares after the time that is immediately prior to the Effective Time, and the names of such holders of Creston Kuya Shares who exercise Dissent Rights shall be deleted from the central securities register as holders of Creston Kuya Shares at the Effective Time and Mercator Time. In no circumstances shall Mont, Mont Subco, Kuya or any other Person be recorded as the required to recognize a Person exercising Dissent Rights unless such Person is a registered holder of the Creston Kuya Shares so transferred and shall be deemed in respect of which such Dissent Rights are sought to be exercised. A registered holder of Kuya Shares is not entitled to exercise Dissent Rights with respect to Kuya Shares if such holder votes (or instructs, or is deemed, by submission of any incomplete proxy, to have instructed his, her or its proxyholder to vote) in favour of the legal and beneficial owner of such Creston SharesKuya Amalgamation Resolution.

Dissent Rights. Pursuant to the Interim Order, holders of Creston Shares Registered Blueberries Shareholders may exercise rights of dissent ("“Dissent Rights"”) under from the provisions of Part 8Amalgamation pursuant to, Division 2 and in the manner set forth under, section 185 of the BCBCA, as modified by this Article 4, the Interim Order and the Final Order, with respect to Creston Shares in connection with the ArrangementOBCA, provided that the written objection to the special resolution to approve the Arrangement contemplated by Section 242 of the BCBCA must be sent to Creston by holders who wish to dissent at least two days before the Creston Meeting or any date to which the Creston Meeting may be postponed or adjourned and provided further that holders who exercise such rights of dissent and who: (a) are ultimately entitled to be paid fair value for their Creston Blueberries Common Shares, which fair value shall be the fair value of such shares immediately before as at the passing by close of business on the Creston Securityholders of day prior to the Arrangement ResolutionBlueberries Meeting, shall be paid an amount equal to such fair value by MercatorAmalco; and (b) are ultimately not entitled, for any reason, to be paid fair value for their Creston Blueberries Common Shares shall be deemed to have participated in the ArrangementAmalgamation, as of the Effective Time, on the same basis as a non-dissenting holder of Creston Blueberries Common Shares and shall be entitled to receive only the consideration contemplated in Section 3.01(bsubsection 2.01(f)(i) hereof that such holder would have received pursuant to the Arrangement Amalgamation if such holder had not exercised Dissent Rights, ; but in no case shall MercatorCDNM, Creston Subco, Blueberries or any other person Person be required to recognize holders of Creston Blueberries Common Shares who exercise Dissent Rights as holders of Creston Blueberries Common Shares after the time that is immediately prior to the Effective Time, and the names of such holders of Creston Blueberries Common Shares who exercise Dissent Rights shall be deleted from the central securities register as holders of Creston Shares Blueberries Shareholders at the Effective Time and Mercator Time. In no circumstances shall CDNM, Subco, Blueberries or any other Person be recorded as the required to recognize a Person exercising Dissent Rights unless such Person is a registered holder of the Creston Blueberries Common Shares so transferred and shall be deemed in respect of which such Dissent Rights are sought to be exercised. A registered holder of Blueberries Common Shares is not entitled to exercise Dissent Rights with respect to Blueberries Common Shares if such holder votes (or instructs, or is deemed, by submission of any incomplete proxy, to have instructed his, her or its proxyholder to vote) in favour of the legal and beneficial owner of such Creston Sharesresolution approving the Amalgamation at the Blueberries Meeting.

Dissent Rights. Pursuant to the Interim Order, holders of Creston Shares Registered CryptoGlobal Shareholders may exercise rights of dissent ("“Dissent Rights"”) from the Amalgamation pursuant to and in the manner set forth under the provisions of Part 8, Division 2 section 185 of the BCBCA, as modified by this Article 4, the Interim Order and the Final Order, with respect to Creston Shares in connection with the ArrangementOBCA, provided that the written objection to the special resolution to approve the Arrangement contemplated by Section 242 of the BCBCA must be sent to Creston by holders who wish to dissent at least two days before the Creston Meeting or any date to which the Creston Meeting may be postponed or adjourned and provided further that holders who exercise such rights of dissent and who: (a) are ultimately entitled to be paid fair value for their Creston CryptoGlobal Common Shares, which fair value shall be the fair value of such shares immediately before as at the passing by close of business on the Creston Securityholders of day prior to the Arrangement ResolutionCryptoGlobal Meeting, shall be paid an amount equal to such fair value by MercatorAmalco; and (b) are ultimately not entitled, for any reason, to be paid fair value for their Creston CryptoGlobal Common Shares shall be deemed to have participated in the ArrangementAmalgamation, as of the Effective Time, on the same basis as a non-dissenting holder of Creston CryptoGlobal Common Shares and shall be entitled to receive only the consideration contemplated in Section 3.01(bsubsection 2.01(f)(i) hereof that such holder would have received pursuant to the Arrangement Amalgamation if such holder had not exercised Dissent Rights, ; but in no case shall MercatorApolo, Creston Subco or CryptoGlobal or any other person Person be required to recognize holders of Creston CryptoGlobal Common Shares who exercise Dissent Rights as holders of Creston CryptoGlobal Common Shares after the time that is immediately prior to the Effective Time, and the names of such holders of Creston CryptoGlobal Common Shares who exercise Dissent Rights shall be deleted from the central securities register as holders of Creston Shares CryptoGlobal Shareholders at the Effective Time and Mercator Time. In no circumstances shall Apolo, Subco, CryptoGlobal or any other Person be recorded as the required to recognize a Person exercising Dissent Rights unless such Person is a registered holder of the Creston CryptoGlobal Common Shares so transferred and shall be deemed in respect of which such Dissent Rights are sought to be exercised. A registered holder of CryptoGlobal Common Shares is not entitled to exercise Dissent Rights with respect to CryptoGlobal Common Shares if such holder votes (or instructs, or is deemed, by submission of any incomplete proxy, to have instructed his, her or its proxyholder to vote) in favour of the legal and beneficial owner of such Creston Sharesresolution approving the Amalgamation at the CryptoGlobal Meeting.

Dissent Rights. Pursuant to the Interim Order, holders of Creston Shares Registered BCF Shareholders may exercise rights of dissent ("“Dissent Rights"”) from the Amalgamation pursuant to and in the manner set forth under the provisions of Part 8, Division 2 section 185 of the BCBCA, as modified by this Article 4, the Interim Order and the Final Order, with respect to Creston Shares in connection with the ArrangementOBCA, provided that the written objection to the special resolution to approve the Arrangement contemplated by Section 242 of the BCBCA must be sent to Creston by holders who wish to dissent at least two days before the Creston Meeting or any date to which the Creston Meeting may be postponed or adjourned and provided further that holders who exercise such rights of dissent and who: (a) are ultimately entitled to be paid fair value for their Creston BCF Common Shares, which fair value shall be the fair value of such shares immediately before as at the passing by close of business on the Creston Securityholders of day prior to the Arrangement ResolutionBCF Meeting, shall be paid an amount equal to such fair value by MercatorAmalco; and (b) are ultimately not entitled, for any reason, to be paid fair value for their Creston BCF Common Shares shall be deemed to have participated in the ArrangementAmalgamation, as of the Effective Time, on the same basis as a non-dissenting holder of Creston BCF Common Shares and shall be entitled to receive only the consideration contemplated in Section 3.01(bsubsection 2.01(f)(i) hereof that such holder would have received pursuant to the Arrangement Amalgamation if such holder had not exercised Dissent Rights, ; but in no case shall MercatorTiller, Creston Subco or BCF or any other person Person be required to recognize holders of Creston BCF Common Shares who exercise Dissent Rights as holders of Creston BCF Common Shares after the time that is immediately prior to the Effective Time, and the names of such holders of Creston BCF Common Shares who exercise Dissent Rights shall be deleted from the central securities register as holders of Creston Shares BCF Shareholders at the Effective Time and Mercator Time. In no circumstances shall Tiller, Subco, BCF or any other Person be recorded as the required to recognize a Person exercising Dissent Rights unless such Person is a registered holder of the Creston BCF Common Shares so transferred and shall be deemed in respect of which such Dissent Rights are sought to be exercised. A registered holder of BCF Common Shares is not entitled to exercise Dissent Rights with respect to BCF Common Shares if such holder votes (or instructs, or is deemed, by submission of any incomplete proxy, to have instructed his, her or its proxyholder to vote) in favour of the legal and beneficial owner of such Creston Sharesresolution approving the Amalgamation at the BCF Meeting.

Dissent Rights. Pursuant to the Interim Order, holders of Creston Shares Registered WFC Shareholders may exercise rights of dissent ("“Dissent Rights"”) from the WFC Amalgamation Resolution pursuant to and in the manner set forth under the provisions Division 2 of Part 8, Division 2 8 of the BCBCA, as modified by this Article 4, the Interim Order and the Final Order, with respect to Creston Shares in connection with the Arrangement, provided that the written objection to the special resolution to approve the Arrangement contemplated by Section 242 of the BCBCA must be sent to Creston by holders who wish to dissent at least two days before the Creston Meeting or any date to which the Creston Meeting may be postponed or adjourned and provided further that holders who exercise such rights of dissent and who: (a) are ultimately entitled to be paid fair value for their Creston WFC Shares, which fair value shall be the fair value of such shares immediately before as at the passing by close of business on the Creston Securityholders day prior to the WFC Meeting, or the date of the Arrangement unanimous written consent resolution of the WFC Shareholders approving the WFC Amalgamation Resolution, as applicable, shall be paid an amount equal to such fair value by MercatorWFC; and (b) are ultimately not entitled, for any reason, to be paid fair value for their Creston WFC Shares shall be deemed to have participated in the ArrangementAmalgamation, as of the Effective Time, on the same basis as a non-dissenting holder of Creston WFC Shares and shall be entitled to receive only the consideration contemplated in Section 3.01(bparagraph 1.2(f)(i) hereof that such holder would have received pursuant to the Arrangement Amalgamation if such holder had not exercised Dissent Rights, ; but in no case shall MercatorGraphite, Creston Graphite Subco or WFC or any other person Person be required to recognize holders of Creston WFC Shares who exercise Dissent Rights as holders of Creston WFC Shares after the time that is immediately prior to the Effective Time, and the names of such holders of Creston WFC Shares who exercise Dissent Rights shall be deleted from the central securities register as holders of Creston Shares WFC Shareholders at the Effective Time and Mercator Time. In no circumstances shall Graphite, Graphite Subco, WFC or any other Person be recorded as the required to recognize a Person exercising Dissent Rights unless such Person is a registered holder of the Creston WFC Shares so transferred and shall be deemed in respect of which such Dissent Rights are sought to be exercised and such Person exercises Dissent Rights in respect of all and not less than all of their WFC Shares. A registered holder of WFC Shares is not entitled to exercise Dissent Rights with respect to WFC Shares if such holder votes (or instructs, or is deemed, by submission of any incomplete proxy, to have instructed his, her or its proxyholder to vote) in favour of the legal and beneficial owner of such Creston SharesWFC Amalgamation Resolution.