Common use of Effect of Amalgamation Clause in Contracts

Effect of Amalgamation. At the Effective Time, the effect of the Amalgamation shall be as provided for in Section 109 of the Companies Act. Under Section 109 of the Companies Act, from and after the Effective Time: (i) the Amalgamation of the Company and Amalgamation Sub and their continuance as one company shall become effective; (ii) the property of each of the Company and Amalgamation Sub shall become the property of the Amalgamated Company; (iii) the Amalgamated Company shall continue to be liable for the obligations and liabilities of each of the Company and Amalgamation Sub; (iv) any existing cause of action, claim or liability to prosecution shall be unaffected; (v) a civil, criminal or administrative action or proceeding pending by or against the Company or Amalgamation Sub may be continued to be prosecuted by or against the Amalgamated Company; and (vi) a conviction against, or ruling, order or judgment in favor of or against, the Company or Amalgamation Sub may be enforced by or against the Amalgamated Company.

Effect of Amalgamation. At On the Effective TimeDate, subject to the effect Act: (a) the amalgamation of the Amalgamation shall be as provided for in Section 109 of the Companies Act. Under Section 109 of the Companies Act, from and after the Effective Time: (i) the Amalgamation of the Company and Amalgamation Sub Amalgamating Corporations and their continuance as one company corporation, Amalco, under the terms and conditions prescribed in this Agreement shall become be effective; ; (iib) the property of each of the Company and Amalgamation Sub Amalgamating Corporations shall become continue to be the property of the Amalgamated Company; Amalco; (iiic) the Amalgamated Company Amalco shall continue to be liable for the obligations and liabilities of each of the Company and Amalgamation Sub; Amalgamating Corporations; (ivd) any existing cause of action, claim or liability to prosecution with respect to either or both of the Amalgamating Corporations shall be unaffected; ; (ve) a any civil, criminal or administrative action or proceeding pending by or against either of the Company or Amalgamation Sub Amalgamating Corporations may be continued to be prosecuted by or against the Amalgamated Company; and Amalco; (vif) a any conviction against, or ruling, order or judgment in favor favour of or against, either of the Company or Amalgamation Sub Amalgamating Corporations may be enforced by or against Amalco; and (g) the Amalgamated CompanyCorporate Charter of Amalco shall be as set forth in Schedule A to this Agreement.