Effect of Exercise of Special Warrants. (a) Subject to subsection (b), upon deemed exercise of a Special Warrant, the Corporation shall cause to be issued to (i) in respect of Special Warrants that are not CDS Global Special Warrants, the person or persons in whose name or names the Underlying Securities so subscribed for are to be issued as specified in the Special Warrant register, or (ii) in respect of CDS Global Special Warrants, the Depository, the number of Underlying Securities to be issued to such person or persons and such person or persons shall become a holder or holders of the Underlying Securities with effect from the date on which the Special Warrant is deemed exercised and shall be entitled to delivery of certificates evidencing the Underlying Securities. The Corporation shall cause the certificates, or in the case of Underlying Securities issued under the book entry registration system, any other appropriate evidence of the issuance of Underlying Securities to be mailed by insured mail or delivered as specified to such person or persons (or, if applicable, the trustee under the registered retirement savings plan or other similar plans which holds the Underlying Securities) at the address or addresses specified in the Special Warrants register, within three Business Days of the date on which the Special Warrant is deemed to be exercised.
(b) Notwithstanding any provision herein contained to the contrary, the Corporation shall not be required to deliver certificates for Underlying Securities in any period while the transfer registers of the Corporation for the Underlying Securities are closed and, in the event of the deemed exercise of any Special Warrant during any such period, the Underlying Securities subscribed for shall be issued and such person shall be deemed to have become the holder of record of such Underlying Securities on the date on which such transfer registers are next reopened.
(c) Upon any deemed exercise of the Special Warrants and issuance of Underlying Securities, the registered holders of the Underlying Securities so issued are deemed to have received the notice provided in Schedule “B” hereto.
Effect of Exercise of Special Warrants. (a) The Subject Securities in respect of which the Special Warrants are exercised shall be deemed to have been issued on the Exercise Date at which time each Special Warrantholder shall be deemed to have become the holder of record of the Subject Securities issued in respect of the Special Warrants held by such Special Warrantholder unless the transfer books of the Corporation shall be closed by law on the said date of such exercise, in which case such Subject Securities shall be deemed to have been issued and such Special Warrantholder shall be deemed to have become the holder of record of such Subject Securities on the date on which such transfer books are next re-opened.
(b) Forthwith after the Exercise Date and subject to the delivery by a Special Warrantholder of Special Warrant Certificates and the Exercise Form to the Special Warrant Agent as provided in subsection 3.1(c), and 3.1
(a) (i) and (ii) respectively, the Corporation shall, subject to the provisions of Section 3.3, cause to be delivered to each Special Warrantholder or mailed to it at its address specified in the register of holders maintained by the Special Warrant Agent or certificates for the appropriate number of Subject Securities not exceeding those which such Special Warrantholder is entitled to acquire pursuant to the Special Warrants delivered by the Special Warrantholder to the Special Warrant Agent.
Effect of Exercise of Special Warrants. (a) Upon compliance by the holder of any Special Warrant Certificate with the provisions of Section 3.1 or upon deemed exercise pursuant to Section 3.7, and subject to Section 3.3, the Unit Shares and Warrants to be issued upon the exercise of the Special Warrants will be deemed to have been issued and the person or persons to whom such Unit Shares and Warrants are to be issued will be deemed to have become the holder or holders of record of such Unit Shares and Warrants on the Exercise Date, unless the transfer registers of the Corporation will be closed on such date, in which case the Unit Shares and Warrants to be issued upon the exercise of the Special Warrants will be deemed to have been issued and such person or persons deemed to have become the holder or holders of record of such Unit Shares and Warrants on the date on which such transfer registers are reopened.
(b) Subject to Section 3.7 and subject to adjustment in accordance with Article 4, within three (3) Business Days after the Exercise Date of a Special Warrant as set forth above, the Corporation will cause to be mailed to the person or persons in whose name or names the Unit Shares and Warrants have been issued upon the exercise of Special Warrants as specified in the exercise form, at the address specified in such exercise form or, if so specified in such exercise form, cause to be delivered to such person or persons at the Special Warrant Agency where the Special Warrant Certificate was surrendered, a certificate or certificates for the appropriate number of Unit Shares and Warrants.
Effect of Exercise of Special Warrants. Upon exercise or deemed exercise of the Special Warrants and compliance by the Special Warrantholder with sections 6.4 to 6.7, subject to sections 6.10, 6.11 and 7.9, the holder of the Special Warrants will be entitled to receive, without further payment therefor, one Unit for each Special Warrant exercised, and the Trustee will cause the holder thereof to be entered forthwith on its register of shareholders as the holder of the Unit Shares as of the Exercise Date.
Effect of Exercise of Special Warrants. 14. 3.4 Postponement of Delivery of Certificates.................................... 15. 3.5
Effect of Exercise of Special Warrants. Partial Exercise of Special Warrants; Fractions................. 10 3.5 Common Share and Purchase Warrant Certificates.................. 10 3.6
Effect of Exercise of Special Warrants. (a) Subject to subsection (b), on the deemed exercise of a Special Warrant, the Corporation shall cause to be issued to (i) in respect of Special Warrants that are not CDS Global Warrants, the person or persons in whose name or names the Convertible Debentures so subscribed for are to be issued as specified in the Subscription Agreement, or (ii) in respect of CDS Global Warrants, the Depository, the number of Convertible Debentures to be issued to such person or persons and such person or persons shall become a Convertible Debentureholder of the Corporation in respect of the Convertible Debentures with effect from the date on which the Special Warrant is exercised and shall be entitled to delivery of certificates evidencing the Convertible Debentures, and the Corporation shall cause the certificates, or in the case of Convertible Debentures issued under the book entry registration system, any other appropriate evidence of the issuance of Convertible Debentures to be mailed by insured mail or delivered as specified to such person or persons at the address or addresses specified in the Subscription Agreement, as the case may be, within three Business Days of the date on which the Special Warrant is deemed to be exercised.
(b) Upon any deemed exercise of the Special Warrants and issuance of Convertible Debentures, the registered holder of the Convertible Debentures so issued is deemed to have received the notice provided in Schedule “B” hereof.
Effect of Exercise of Special Warrants. .1 Upon exercise of the Special Warrants in accordance with section 4.4 or 4.9, and subject to sections 4.6 and 4.7, the holder of the Special Warrants shall be entitled without further payment therefor to receive from the Company:
(a) one A Warrant for each Special Warrant exercised; and
(b) 1. 2349792 B Warrants for each Special Warrant exercised, and the Trustee shall cause the holder thereof to be entered forthwith on its register of Warrantholders in accordance with the Warrant Indenture as the holder of such Warrants and the Warrants so acquired shall be deemed to have been issued, and the Special Warrantholder shall be deemed to have become the holder of record of the Warrants on the Exercise Date.
.2 Upon the due exercise of the Special Warrants as aforesaid, the Company shall, without charge therefor, forthwith cause to be delivered to the Trustee as agent for the Special Warrantholder, certificates for the appropriate number of Warrants that the Special Warrantholder is entitled to and has elected to acquire pursuant to the Special Warrants exercised. Upon receipt by the Trustee of such certificates the Trustee shall cause such certificates to be delivered forthwith in accordance with the written delivery instructions of the holder, or in the absence of such instructions, by registered mail without charge therefor, to the Special Warrantholder and, if the Final Receipt Date has occurred, a copy of the Final Prospectus, unless a copy thereof has previously been given by the Company to the Special Warrantholder.
Effect of Exercise of Special Warrants. Upon exercise of Special Warrants and surrender by the Subscriber of the related Warrant Certificate in accordance with Subsection 3.01(1) or upon Special Warrants being automatically exercised in accordance with the provisions of Subsection 3.01(2), the Common Shares will be issued and the Subscriber will become the holder of record of such Common Shares on the Exercise Date unless the registers maintained by the Corporation’s transfer agent are closed on such date, in which case the Common Shares so obtained will be issued, and the Subscriber will become the holder of record of such Common Shares on the date on which such registers are reopened.
Effect of Exercise of Special Warrants. 13 Subscription for less than Entitlement...............................................................13 Warrant Certificates for Fractions of Common Shares..................................................14
