Common use of Duties of Rights Agent upon receipt of Election to Exercise Clause in Contracts

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (A) requisition from the transfer agent for the Common Share certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (B) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (C) after receipt of such certificates representing the number of Common Shares to be purchased, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (D) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (E) tender to the Corporation all payments received on exercise of the Rights.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Baja Mining Corp.), Shareholder Rights Plan Agreement (Baja Mining Corp.), Shareholder Rights Plan Agreement (North American Palladium LTD)

AutoNDA by SimpleDocs

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (Aa) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bb) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Cc) after receipt of such certificates representing the number of Common Shares to be purchased, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Dd) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ee) tender to the Corporation all payments received on exercise of the Rights.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (GREAT PANTHER MINING LTD), Shareholder Rights Plan Agreement (Great Panther Silver LTD), Shareholder Agreement

Duties of Rights Agent upon receipt of Election to Exercise. Upon In the event that the Corporation determines to issue Rights Certificates, then upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(42.2(6) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementCorporation) will thereupon promptly: (A) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (B) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (C) after receipt of such certificates representing the number of Common Shares to be purchasedcertificates, deliver the same to or upon the order of the registered holder of such Rights CertificateRights, registered in such name or names as may be designated by such registered holder; (D) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights CertificateRights; and (E) tender to the Corporation all payments received on exercise of the Rights.

Appears in 3 contracts

Samples: Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (Aa) requisition from the transfer agent for the Common Share certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bb) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Cc) after receipt of such certificates representing the number of Common Shares to be purchased, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Dd) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ee) tender to the Corporation all payments received on exercise of the Rights.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (North American Palladium LTD), Shareholder Rights Plan Agreement

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to ExerciseExercise that does not indicate that such Right is null and void as provided by Subsection 3.1(b) hereof, and (ii) payment as set forth in Section 2.2(4Subsection 2.2(d) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementCorporation) will thereupon promptly: (Ai) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bii) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Ciii) after receipt of such certificates representing the number of Common Shares to be purchasedcertificates, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Div) when appropriate, after receipt, deliver such cash payment (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ev) tender to the Corporation all payments received on exercise of the Rights.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Medicure Inc), Shareholder Rights Plan Agreement (Vasogen Inc)

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to ExerciseExercise that does not indicate such Right is null and void as provided by Subsection 3.1(b) hereof, and (ii) payment as set forth in Section 2.2(4Subsection 2.2(d) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementCorporation) will thereupon promptly: (Ai) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bii) when appropriate, requisition from the Corporation the amount of cash ash to be paid in lieu of issuing fractional Common Shares; (Ciii) after receipt of such certificates representing the number of Common Shares to be purchasedcertificates, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Div) when appropriate, after receipt, deliver such cash payment (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ev) tender to the Corporation all payments received on exercise of the Rights.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Ym Biosciences Inc), Shareholder Rights Plan Agreement (Ym Biosciences Inc)

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to ExerciseExercise that does not indicate that such Right is null and void as provided by Subsection 3.1(b) hereof, and (ii) payment as set forth in Section 2.2(4Subsection 2.2(d) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementCorporation) will thereupon promptly: (Ai) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bii) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Ciii) after receipt of such certificates representing the number of Common Shares to be purchasedcertificates, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Div) when appropriate, after receipt, deliver such cash payment (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ev) tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Mad Catz Interactive Inc)

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementTrust) will thereupon promptly: (Aa) requisition from the transfer agent for the Common Share Trust Units certificates representing the number of Common Shares Trust Units to be purchased and directing such transfer agent to make such account settlement arrangements as may be necessary (the Corporation Trust hereby irrevocably authorizing its transfer agent to comply with all such requisitionsrequisitions and directions); (Bb) when appropriate, requisition from the Corporation Trust the amount of cash to be paid in lieu of issuing fractional Common SharesTrust Units; (Cc) after receipt of such certificates representing the number of Common Shares to be purchasedcertificates, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Dd) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ee) tender to the Corporation Trust all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Unitholder Rights Plan Agreement (Primewest Energy Trust)

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to ExerciseExercise that does not indicate that such Right is null and void as provided by Subsection 3.1(b) hereof, and (ii) payment as set forth in Section 2.2(4Subsection 2.2(d) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementCorporation) will thereupon promptly: (Ai) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bii) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Ciii) after receipt of such certificates representing the number of Common Shares to be purchasedcertificates, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Div) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ev) tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Royal Oak Mines Inc)

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that if the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon shall promptly: (A) requisition from the transfer agent for the Common Share certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (B) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (C) after receipt of such certificates representing the number of Common Shares to be purchased, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (D) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (E) tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Tembec Inc.)

AutoNDA by SimpleDocs

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (Aa) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bb) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Cc) after receipt of such certificates representing the number of Common Shares to be purchased, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (D) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (E) tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (GREAT PANTHER MINING LTD)

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a completed and duly executed Election to Exercise, Exercise,‌ and (ii) payment ii)payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that if the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptlyshall as soon as practicable: (Aa) requisition from the transfer agent for the Common Share certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bb) when appropriate, requisition from the Corporation a cheque representing the amount of cash to be paid in lieu of issuing fractional Common Shares; (Cc) after receipt of such certificates representing the number of Common Shares to be purchased, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Dd) when appropriate, after receipt, deliver a cheque representing such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ee) tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (i) a an appropriately completed and duly executed Election to Exercise, Exercise (which does not or is not deemed to indicate that such Right is null and (iivoid as provided by Subsection 3.1(b)) and payment as set forth in Section 2.2(4) aboveSubsection 2.2(d), the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementCorporation) will thereupon promptly: (Ai) requisition from the transfer agent for of the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (B) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Cii) after receipt of such certificates representing the number of Common Shares to be purchasedshare certificates, deliver the same such certificates to, or to or upon the order of of, the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder; (Diii) when appropriate, requisition from the Corporation the amount of cash, if any, to be paid in lieu of issuing fractional Shares; (iv) when appropriate, after receiptreceipt of such cash, deliver such cash (less any amounts required to be withheld) to to, or to the order of of, the registered holder of the Rights Certificate; and (Ev) tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Aeterna Zentaris Inc.)

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate (in the event that the Corporation determines to issue a Rights Certificate) or upon receipt of such other documentation as determined appropriate for Book Entry Rights Exercise Procedures, which is accompanied by (i) a completed and duly executed Election to Exercise, and (ii) payment as set forth in Section 2.2(4) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (A) requisition from promptly:‌ direct the transfer agent for to register, in the Common Share certificates representing name of the holder of the Rights being exercised or in such other name as may be designated by such holder, in Book Entry Form the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (B) requisitions);‌ when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (C) ; after receipt of such certificates representing confirmation from the number of Common Shares transfer agent that the registration, in Book Entry Form, referred to be purchasedin Section 2.2(5)(a) has been completed, deliver the same to or upon the order of the registered holder of such Rights CertificateRights, registered in such name or names as may be designated by such registered holder; (D) ; when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (E) and tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Duties of Rights Agent upon receipt of Election to Exercise. Upon receipt of a Rights Certificate, which is accompanied by (iA) a completed and duly executed Election to ExerciseExercise that does not indicate that such Right is null and void as provided by Subsection 3.1 (b) hereof, and (iiB) payment as set forth in Section 2.2(4Subsection 2.2(d) above, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this AgreementCorporation) will thereupon promptly: (Ai) requisition from the transfer agent for the Common Share Shares certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (Bii) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (Ciii) after receipt of such certificates representing the number of Common Shares to be purchasedcertificates, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered in such name or names as may be designated by such registered holder;; 20 (Div) when appropriate, after receipt, deliver such cash (less any amounts required to be withheld) to or to the order of the registered holder of the Rights Certificate; and (Ev) tender to the Corporation all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Philip Services Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!