Effect of Arrangement. This Plan of Arrangement will become effective as at the Effective Time and will be binding on and after the Effective Time, on the Primero Securityholders, Primero and Northgate.
Effect of Arrangement. This Arrangement represents a record of the Participants’ intentions and political commitments but is not legally binding on the Participants. The Participants will consult in circumstances where any Participant is concerned that implementation of this Arrangement is seen adversely to affect its rights and interests with respect to its national security, national and public interest, or public order and protection or intellectual property rights. Any differences between the Participants over the interpretation or application of this Arrangement will be resolved as soon as reasonably practicable by consultation between the Participants.
Effect of Arrangement. This Plan of Arrangement will become effective as at the Effective Time and will be binding on and after the Effective Time, on all holders of Northgate Shares, Northgate Securityholders, Noteholders, Northgate, AuRico, the Rights Agent under the Northgate Rights Plan, the Depositary, the registrar and transfer agent in respect of the Northgate Shares and all holders of rights, agreements, understandings or claims to acquire any Northgate Shares or other securities of Northgate.
Effect of Arrangement. If the flexibility arrangement does not meet the requirements set out in clauses 26.1 to 26.9 above, the arrangement will be deemed to be null and void and thereby have no effect upon either party.
Effect of Arrangement. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Company Shares and Company Warrants issued prior to the Effective Time; (b) the rights and obligations of the Company Shareholders, Company Performance Warrantholders, holders of any Company Bond Warrants, the Company, the Supporting Company Shareholders, SPAC, Merger Sub, Canadian Merger Sub, and PubCo, and any transfer agent or other exchange agent therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Company Shares and Company Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.
Effect of Arrangement. The following shall occur and shall be deemed to occur in the following order without any further act or formality:
(a) if Newmont has made the ULC Election, prior to the Effective Time:
(i) ULC shall issue to Newmont that number of common shares of ULC agreed upon between Newmont and ULC, in consideration for an aggregate cash subscription price in an amount agreed upon between Newmont and ULC (the "ULC Cash Amount"), and
(ii) Newmont shall issue to ULC, in consideration for an aggregate cash subscription price equal to the ULC Cash Amount, that number of Newmont Shares agreed upon between Newmont and ULC, provided that such number of Newmont Shares shall not be fewer than the number of Newmont Shares required to be delivered by ULC in exchange for Exchangeable Shares pursuant to section 3.2(b) of this Arrangement.
(b) At the Effective Time, each outstanding Exchangeable Share (other than Dissenting Shares and BMG Group Shares) shall be transferred, without any act or formality on the part of the holder thereof, to Newmont (or, if Newmont has made the ULC Election, to ULC) in exchange for the Conversion Number of a fully paid and non-assessable Newmont Share (or cash in lieu of a fractional Newmont Share, in accordance with section 2.3(e) of the Merger Plan) and the name of each such holder will be removed from the register of holders of Exchangeable Shares and added to the register of holders of Newmont Shares, and Newmont (or, if Newmont has made the ULC Election, ULC) will be recorded as the registered holder of such Exchangeable Shares so transferred and will be deemed to be the legal and beneficial owner thereof. Each BMG Group Share shall continue to be owned by the holder thereof and shall not be exchanged for Newmont Shares as hereinbefore provided.
(c) At the Effective Time, Newmont, BMG and MergerCo. shall complete the Merger (as defined in the Merger Plan) in accordance with the terms of the Merger Plan.
(d) Immediately following the Effective Time, the definition of "Battle Mountain Common Stock" as it appears in the articles of the Corporation shall be deleted and replaced by the following:
Effect of Arrangement. This Plan of Arrangement is made pursuant and subject to the provisions of the Arrangement Agreement. The Articles of Arrangement and Certificate shall be filed and issued, respectively, with respect to this Plan of Arrangement in its entirety. The Certificate shall be conclusive evidence that the Arrangement has become effective and is binding on all persons and that each of the provisions of section 2.2 hereof has become effective in the sequence set out therein.
Effect of Arrangement. After the Effective Time, certificates formerly representing Common Shares, Warrants or Restricted Share Units, as applicable, shall represent only the right to receive the cash payment which the former Holder of such Common Shares, Warrants or Restricted Share Units, as applicable, is entitled to receive pursuant to Article 3 of this Plan of Arrangement, subject to compliance with the requirements set forth in this Article 5. After the Effective Time, certificates formerly representing Options shall represent only the right to receive Common Shares that the former Optionholder is entitled to receive pursuant to Article 3 hereof, subject to compliance with the requirements set forth in this Article 5.
Effect of Arrangement. This Plan of Arrangement will become effective at, and be binding at and after the Effective Time on Etruscan, Subco, Endeavour, the Etruscan Shareholders, the Etruscan Optionholders and the Etruscan Warrantholders.
Effect of Arrangement. After the Effective Time, certificates formerly representing Etruscan Common Shares shall represent only the right to receive any cash payment and certificates representing Endeavour Common Shares which the former holder of such Etruscan Common Shares is entitled to receive pursuant to Article 3 of this Plan of Arrangement, subject to compliance with the requirements set forth in this Article 5.
