Common use of Effect of Exercise of Special Warrants Clause in Contracts

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) Subject to subsection (b), upon Upon valid exercise or deemed exercise of a the Special WarrantWarrants as provided in Section 5.1 hereof, the Corporation shall cause to be issued to (i) Common Shares in respect of which the Special Warrants that are not CDS Global Special Warrantsvalidly or deemed exercised shall be deemed to have been issued, 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 as are specified pursuant 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 Section 5.1 hereof shall be deemed to have become the holder or holders of record of such Underlying Securities securities on the date of such valid exercise (herein called the "Exercise Date") unless the stock transfer books of the Company shall be closed by law on the said date of such valid exercise, in which case such securities shall be deemed to have been issued, such person or persons shall be deemed to have become the holder or holders of record of such securities and the Exercise Date shall be deemed to be on the date on which such stock transfer registers books are next reopened. (c) re-opened. Upon any deemed valid exercise of the Special Warrants and issuance of Underlying Securitiesas aforesaid, the registered holders Trustee shall forthwith give written notice thereof to the Company. In the case of a Special Warrant which is exercised by a holder in accordance with the provisions of Section 5.1, within five Business Days after the Exercise Date of such Special Warrant, the Company shall: (a) cause to be mailed to the person in whose name the Common Shares so subscribed for are to be issued, as specified in the Special Warrant, at the address specified therein; (b) if so specified therein, cause to be delivered to such person at the office of the Underlying Securities Trustee where such Special Warrant was surrendered; or (c) if no specification as contemplated by (a) or (b) is provided, cause to be mailed to the person in whose name the Common Shares are to be issued at the address of such person last appearing on the register maintained by the Trustee pursuant hereto or as such person may otherwise notify the Trustee in writing on or prior to the Exercise Date, certificates for the Common Shares to which the Special Warrantholder is entitled pursuant to the Special Warrants so issued are exercised. In the case of a Special Warrant which is deemed to be exercised and surrendered by the Trustee on behalf of a Special Warrantholder in accordance with the provisions of Section 5.1, as soon as practicable following the deemed exercise by the Trustee of such Special Warrants, and provided that notice has not been given in accordance with the provisions of Section 3.2, the Trustee shall notify each of such holders in accordance with the provisions of Section 9.2 to the effect the Trustee has so exercised and surrendered the Special Warrants on behalf of the Special Warrantholder and that they shall be entitled to receive certificates for the Common Shares to which they have received become entitled. Within five (5) Business Days after such deemed exercise and surrender of such Special Warrant, the notice provided Company shall cause certificates representing such Common Shares to be mailed to the address of the holder of the Special Warrants so exercised last appearing on the register maintained by the Trustee pursuant to Section 2.2 or as such person may otherwise notify the Trustee in Schedule “B” heretowriting on or prior to the Exercise Date.

Effect of Exercise of Special Warrants. (a) Upon compliance by the holder of any Special Warrant Certificate or Uncertificated Special Warrant with the provisions of Section 3.1 or upon the deemed exercise pursuant to Section 3.7, and subject to Section 3.3, the Units 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 Units are to be issued will be deemed to have become the holder or holders of record of such Units on the Exercise Date, unless the registers of the Company will be closed on such date, in which case the Units 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 Units on the date on which such transfer registers are reopened. It is hereby understood that in order for persons to whom Units are to be issued, to become holders of Units on record on the Exercise Date, Beneficial Owners must commence the exercise process sufficiently in advance so that the Special Warrant Agent is in receipt of all items of exercise at least one Business Day prior to such Exercise Date. (b) Subject to subsection Section 3.7 and subject to adjustment in accordance with Article 4, within three (b), upon deemed exercise 3) Business Days after the Exercise Date of a Special WarrantWarrant as set forth above, the Corporation Special Warrant Agent shall use commercially reasonable efforts to cause to be issued mailed 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 have been issued upon the exercise of Special Warrants as specified in the Special Warrant registerexercise form, or (ii) at the address specified in respect of CDS Global Special Warrantssuch exercise form or, the Depositoryif so specified in such exercise form, the number of Underlying Securities cause to be issued delivered 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 at the Special Warrant is deemed exercised and shall be entitled to delivery of Agency where the Special Warrant Certificate was surrendered, a certificate or certificates evidencing for the Underlying Securities. The Corporation shall cause the certificates, or in the case appropriate number of Underlying Securities issued under the book entry registration system, (or 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 in respect of Underlying Securities issued 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 exercisedBook-Entry Only System). (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. (a1) Subject to If the Special Warrants are duly exercised in accordance with sections 3.1 and 3.2, except a deemed exercise in accordance with subsection (b3.2(3), upon the Common Shares and Warrants subscribed for shall be deemed exercise of a Special Warrant, the Corporation shall cause to be have been issued to (i) in respect of Special Warrants that are not CDS Global Special Warrants, and the person or persons in whose name or names the Underlying Securities so subscribed for to whom such Common Shares and Warrants 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 or holders of record of such Underlying Securities Common Shares and Warrants on the Exercise Date unless the transfer registers for the Common Shares and Warrants shall be closed on such date, in which case the Common Shares and Warrants subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are next reopenedre-opened. (c2) Upon any In the case of Special Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, except a deemed exercise in accordance with subsection 3.2(3), within five Business Days after the Exercise Date of such Special Warrants, the Company shall cause to be mailed to the person in whose name the Common Shares and Warrants so subscribed for are to be delivered, 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 held for such person for pick-up at the Warrant Agency, certificates representing the Common Shares and Warrants to be issued pursuant to such Exercise Form, registered in such name. (3) In the case of Special Warrants which are deemed to be exercised pursuant to subsection 3.2(3), within five Business Days after the Exercise Date the Company shall cause to be mailed to the address of the Holder of the Special Warrants so exercised last appearing on the register of Holders maintained by the Trustee pursuant to section 2.8, certificates representing the Common Shares and issuance Warrants to be issued pursuant to any such exercise of Underlying SecuritiesSpecial Warrants, registered in the registered holders name of the Underlying Securities so issued are deemed to have received the notice provided in Schedule “B” heretosuch Holder.

Effect of Exercise of Special Warrants. (a) Subject to subsection (b), upon Upon valid exercise or deemed exercise of the Special Warrants as provided in Section 5.1 hereof, the Underlying Securities in respect of which the Special Warrants are validly or deemed exercised shall be deemed to have been issued, and such person or persons as are specified pursuant to Section 5.1 hereof shall be deemed to have become the holder or holders of record of such securities on the date of such valid exercise (herein called the “Exercise Date”) unless the stock transfer books of the Company shall be closed by law on the said date of such valid exercise, in which case such securities shall be deemed to have been issued, such person or persons shall be deemed to have become the holder or holders of record of such securities and the Exercise Date shall be deemed to be on the date on which such stock transfer books are next re-opened. Upon valid exercise of the Special Warrants as aforesaid, the Trustee shall forthwith give written notice thereof to the Company. In the case of a Special Warrant which is exercised by a holder in accordance with the provisions of Section 5.1, within five Business Days after the Exercise Date of such Special Warrant, the Corporation shall Company shall: (a) cause to be issued mailed 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 issued, as specified in the Special Warrant, at the address specified therein; (b) if so specified therein, cause to be delivered to such person at the office of the Trustee where such Special Warrant register, was surrendered; or (c) if no specification as contemplated by (a) or (iib) is provided, cause to be mailed to the person in respect whose name the Underlying Securities are to be issued at the address of CDS Global such person last appearing on the register maintained by the Trustee pursuant hereto or as such person may otherwise notify the Trustee in writing on or prior to the Exercise Date, certificates for the Underlying Securities to which the Special Warrantholder is entitled pursuant to the Special Warrants so exercised. In the case of a Special Warrant which is deemed to be exercised and surrendered by the Trustee on behalf of a Special Warrantholder in accordance with the provisions of Section 5.1, as soon as practicable following the deemed exercise by the Trustee of such Special Warrants, and provided that notice has not been given in accordance with the Depositoryprovisions of Section 3.2, the number Trustee shall notify each of Underlying Securities such holders in accordance with the provisions of Section 9.2 to be issued to such person or persons the effect the Trustee has so exercised and such person or persons shall become a holder or holders surrendered the Special Warrants on behalf of the Underlying Securities with effect from the date on which the Special Warrant is deemed exercised Warrantholder and that they shall be entitled to delivery of receive certificates evidencing for the Underlying SecuritiesSecurities to which they have become entitled. The Corporation Within five (5) Business Days after such deemed exercise and surrender of such Special Warrant, the Company 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 certificates representing such 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, so exercised last appearing on the registered holders of register maintained by the Underlying Securities so issued are deemed Trustee pursuant to have received Section 2.2 or as such person may otherwise notify the notice provided Trustee in Schedule “B” heretowriting on or prior to the Exercise Date.

Effect of Exercise of Special Warrants. (a) Subject to subsection (b), upon 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 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 Warrantholder 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 Underlying Securities of the Corporation in respect 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 Securities and 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 Warrantholder register, as the case may be, 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 holder of the Underlying Securities so issued are is deemed to have received the notice provided in Schedule “B” heretohereof.

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 automatic exercise pursuant to Section 3.7, and subject to Section 3.3, the Units 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 Units are to be issued will be deemed to have become the holder or holders of record of such Unit Shares and Unit Warrants on the Exercise Date, unless the registers of the Company will be closed on such date, in which case the Unit Shares and Unit 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 Unit Warrants on the date on which such transfer registers are reopened. It is hereby understood that in order for persons to whom Units are to be issued, to become holders of Unit Shares and Unit Warrants on record on the Exercise Date, Beneficial Owners must commence the exercise process sufficiently in advance so that the Special Warrant Agent is in receipt of all items of exercise at least one Business Day prior to such Exercise Date. (b) Subject to subsection (b)Section 3.7 and subject to adjustment in accordance with Article 4, upon deemed exercise within three Business Days after the Exercise Date of a Special WarrantWarrant as set forth above, the Corporation Special Warrant Agent shall use commercially reasonable efforts to cause to be issued mailed 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 Unit Shares and Unit Warrants have been issued upon the exercise of Special Warrants as specified in the Special Warrant registerexercise form, or (ii) at the address specified in respect of CDS Global Special Warrantssuch exercise form or, the Depositoryif so specified in such exercise form, the number of Underlying Securities cause to be issued delivered 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 at the Special Warrant is deemed exercised Agency where the Special Warrant Certificate was surrendered, certificates for the appropriate number of Unit Shares and shall be entitled to delivery of certificates evidencing the Underlying Securities. The Corporation shall cause the certificates, Unit Warrants (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 Unit Shares and Unit Warrants to such person or persons (or, if applicable, the trustee in respect of Units issued 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 exercisedBook-Entry Only System). (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) Subject Upon compliance by the holder of Special Warrants with the provisions of Section 2.9 or, in accordance with Section 2.8(a) and Section 2.8(d), immediately prior to subsection the Expiry Time, the number of Underlying Securities subscribed for or which a holder is entitled to shall be deemed to have been issued and the Person or Persons to whom such Underlying Securities are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities on the Exercise Date. If the transfer books of the Issuer are closed on the Exercise Date, the Underlying Securities subscribed for shall be deemed to have been issued, and such Person or Persons shall be deemed to have become the holder or holders of record of such Underlying Securities, on the date on which such transfer books were reopened. (b), upon ) When the transfer books of the Issuer have been open for five Business Days after the due exercise or deemed exercise of a Special Warrant, the Corporation Issuer shall forthwith (i) cause to be issued mailed to (i) in respect of Special Warrants that are not CDS Global Special Warrants, the person Person or persons Persons in whose name or names the Underlying Securities so subscribed for are to be issued issued, as specified in the subscription form completed on the Special Warrant registerCertificate, at the address specified in such subscription or, in the case of a deemed exercise, in the name or names and at the address specified in the register maintained by the Issuer in respect of such Special Warrants, or (ii) if so specified in respect such subscription form, cause to be delivered to such Person or Persons, a share certificate and/or debenture certificates for the appropriate number of CDS Global Underlying Securities to which the holder of Special WarrantsWarrant is entitled and has elected to purchase pursuant to the Special Warrant Certificate surrendered. (c) Any share certificate or debenture certificate, as the Depositorycase may be, delivered by the Issuer in accordance with the provisions of Subsection (b) shall, to the extent of the number of Underlying Securities represented thereby, satisfy and discharge all liabilities of the Issuer with respect to such certificate. In the event of non-receipt of any such share certificate or debenture certificate, as the case may be, by the Person to whom it is so sent as aforesaid, or the loss or destruction thereof, the Issuer will cause to be issued to such person or persons and such person or persons shall become Person 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 replacement certificate for a like number of Underlying Securities issued under the book entry registration system, any other appropriate upon being furnished with such evidence of non-receipt, loss or destruction and with such reasonable indemnity as 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 exercisedIssuer may request. (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) 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” hereto³B´hereto.

Effect of Exercise of Special Warrants. (a1) Subject to If the Special Warrants are duly exercised in accordance with sections 3.1 and 3.2, except a deemed exercise in accordance with subsection (b3.2(3), upon the Underlying Shares subscribed for shall be deemed exercise of a Special Warrant, the Corporation shall cause to be have been issued to (i) in respect of Special Warrants that are not CDS Global Special Warrants, and the person or persons in whose name or names the to whom such Underlying Securities so subscribed for Shares 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 or holders of record of such Underlying Securities Shares on the Exercise Date unless the transfer registers for the Underlying Shares are closed on such date, in which case the Underlying Shares subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are next reopenedre-opened. (c2) Upon any In the case of Special Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, except a deemed exercise in accordance with subsection 3.2(3), and where definitive fully registered Special Warrant Certificates were issued, within five Business Days after the Exercise Date of such Special Warrants, the Company shall cause to be mailed to the person in whose name the Underlying Shares so subscribed for are to be delivered, 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 held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Shares to be issued pursuant to such Exercise Form, registered in such name. (3) In the case of Special Warrants which are deemed to be exercised pursuant to subsection 3.2(3), and where definitive fully registered Special Warrant Certificates were issued, within five Business Days after the Exercise Date, the Company shall cause to be mailed, unless otherwise instructed by the Company, to the address of the Holder of the Special Warrants and issuance so exercised last appearing on the register of Underlying SecuritiesHolders maintained by the Trustee pursuant to section 2.8, the registered holders of certificates representing the Underlying Securities so Shares to be issued are deemed pursuant to have received any such exercise of Special Warrants, registered in the notice provided in Schedule “B” heretoname of such Holder.

Effect of Exercise of Special Warrants. (a1) Subject to subsection (b)If the Special Warrants are duly exercised in accordance with sections and , upon except a deemed exercise of a Special Warrantin accordance with subsection , the Corporation Units subscribed for shall cause be deemed to be have been issued to (i) in respect of Special Warrants that are not CDS Global Special Warrants, and the person or persons in whose name or names the Underlying Securities so subscribed for to whom such Units 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 or holders of record of such Underlying Securities Units on the Exercise Date unless the transfer registers for the Units shall be closed on such date, in which case the Units subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are next reopenedre-opened. (c2) Upon any In the case of Special Warrants which are exercised in accordance with the provisions of sections and , except a deemed exercise in accordance with subsection , within three (3) Business Days after the Exercise Date of such Special Warrants, the Company shall cause to be mailed to the person in whose name the Units so subscribed for are to be delivered, 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 held for such person for pick-up at the Warrant Agency, certificates representing the Units to be issued pursuant to such Exercise Form, registered in such name. (3) In the case of Special Warrants which are deemed to be exercised pursuant to subsection , in circumstances where the Expiry Date is four months plus a day after the date of issuance of the Special Warrants, within three (3) Business Days after the Exercise Date the Company shall cause to be mailed to the address of the Holder of the Special Warrants and issuance so exercised last appearing on the register of Underlying SecuritiesHolders maintained by the Trustee pursuant to section , certificates representing the Units to be issued pursuant to any such exercise of Special Warrants, registered holders in the name of the Underlying Securities so issued are deemed to have received the notice provided in Schedule “B” heretosuch Holder.

Effect of Exercise of Special Warrants. (a) Subject to subsection (b), upon Upon valid exercise or deemed exercise of a the Special WarrantWarrants as provided in Section 5.1, the Corporation shall cause to be issued to (i) Common Shares in respect of which the Special Warrants that are not CDS Global Special Warrantsvalidly exercised shall be deemed to have been issued, 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 as are specified pursuant 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 Section 5.1 hereof shall be deemed to have become the holder or holders of record of such Underlying Securities securities on the date of such valid exercise (herein called the "Exercise Date") unless the stock transfer books of the Corporation shall be closed by law on the said date of such valid exercise, in which case such securities shall be deemed to have been issued, such person or persons shall be deemed to have become the holder or holders of record of such securities and the Exercise Date shall be deemed to be on the date on which such stock transfer registers books are next reopened. (c) re-opened. Upon any deemed valid exercise of the Special Warrants and issuance of Underlying Securitiesas aforesaid, the registered Trustee shall forthwith give written notice thereof to the Corporation. In the case of a Special Warrant which is exercised by a holder in accordance with the provisions of Section 5.1, within five Business Days after the Exercise Date of such Special Warrant, the Corporation shall: (a) cause to be mailed to the person in whose name the Common Shares so subscribed for are to be issued, as specified in the Special Warrant, at the address specified therein; (b) if so specified therein, cause to be delivered to such person at the office of the Trustee where such Special Warrant was surrendered; or (c) if no specification as contemplated by (a) or (b) is provided, cause to be mailed to the person in whose name the Common Shares are to be issued at the address of such person last appearing on the register maintained by the Trustee pursuant hereto or as such person may otherwise notify the Trustee in writing on or prior to the Exercise Date, certificates for the Common Shares to which the Special Warrantholder is entitled pursuant to the Special Warrants so exercised. In the case of a Special Warrant which is deemed to be exercised and surrendered by the Trustee on behalf of a Special Warrantholder in accordance with the provisions of Section 5.1, as soon as practicable following the deemed exercise by the Trustee of such Special Warrants, the Trustee shall immediately notify each of such holders in accordance with the provisions of Section 9.2 to the effect the Trustee has so exercised the Special Warrants on behalf of the Special Warrantholder and that upon surrender to the Trustee by the holders of their Special Warrants, or their nominee(s) or assignee(s), they shall be entitled to receive certificates for the Underlying Securities Common Shares to which they have become entitled. Within five Business Days after such deemed exercise and surrender of such Special Warrant, the Corporation shall cause certificates representing such Common Shares to be mailed to the address of the holder of the Special Warrants so issued are deemed exercised last appearing on the register maintained by the Trustee pursuant to have received Section 2.2 or as such person may otherwise notify the notice provided Trustee in Schedule “B” heretowriting on or prior to the Exercise Date.

Effect of Exercise of Special Warrants. (a) Upon the exercise of Special Warrants pursuant to Section 3.1 or upon a deemed exercise pursuant to Section 3.6, and subject to Section 3.3, the Common Shares and Purchase Warrants subscribed for or, in the case of a deemed exercise pursuant to Section 3.6, all of the Common Shares and Purchase Warrants issuable pursuant to the Special Warrants deemed to be exercised, shall be deemed to have been issued and the person or persons to whom such Common Shares and Purchase Warrants are to be issued shall be deemed to have become the holder or holders of record of such Common Shares and Purchase Warrants on the Exercise Date, unless the transfer registers of the Corporation shall be closed on such date, in which case the Common Shares and Purchase Warrants subscribed for shall be deemed to have been issued and such person or persons deemed to have become the holder or holders of record of such Common Shares and Purchase Warrants on the date on which such transfer registers are reopened. (b) Subject to subsection (b)Section 3.6, upon deemed exercise of within five Business Days after the Exercise Date with respect to a Special Warrant, the Corporation shall cause the Trustee to be issued mail 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 Common Shares and Purchase Warrants so subscribed for are to be issued have been issued, as specified in the Special Warrant registersubscription at the address specified in such subscription or, or (ii) if so specified in respect of CDS Global Special Warrantssuch subscription, the Depository, the number of Underlying Securities cause to be issued delivered 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 Warrant Agency where the Special Warrants registerWarrant Certificate was surrendered, 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 appropriate number 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 Common Shares and Purchase Warrants 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 reopenedfor. (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. (a1) Subject Upon compliance by the holder of any Warrant Certificate with the provisions of Section 4.01 and Section 4.02, and subject to subsection (bthe provisions of Subsection 4.04(2), upon the number of Common Shares subscribed for and thereby issuable shall be deemed exercise of a Special Warrant, to have been issued and the Corporation shall cause person or persons to whom such Common Shares are to be issued shall be deemed to have become the holder or holders of record of such Common Shares on the Exercise Date unless the transfer books of the Company shall be closed on such date, in which case the Common Shares subscribed for and thereby issuable shall be deemed to have been issued, and such person or persons shall be deemed to have become the holder or holders of record of such Common Shares, on the date on which such transfer books were reopened. Upon the exercise of Special Warrants, that portion of the Escrowed Funds relating to such Special Warrants shall be released to the Company in accordance with Article Twelve hereof. (2) The Company shall forthwith and in no event later than the third business day after the surrender of the Warrant Certificate (i) in respect of Special Warrants that are not CDS Global Special Warrants, cause the Warrant Agent to mail to the person or persons in whose name or names the Underlying Securities Common Shares so subscribed for and thereby issuable are to be issued issued, as specified in the Special notice of exercise completed on the Warrant registerCertificate, at the address specified in such notice of exercise or (ii) if so specified in respect such notice of CDS Global Special Warrantsexercise form, cause the Depository, the number of Underlying Securities Warrant Agent to be issued deliver to such person or persons and such person or persons shall become a holder or holders at the office of the Underlying Securities with effect from Warrant Agent where such Warrant Certificate was surrendered, a share certificate or certificates for the date on appropriate number of Common Shares to which the Special Warrant Warrantholder 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 be 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 pursuant to the contraryWarrant Certificate surrendered, provided that the Corporation Warrant Agent shall not be required to deliver certificates for Underlying Securities in any period while representing Common Shares issuable upon the exercise hereof when the Common Share transfer registers books of the Corporation Company are properly closed prior to any meeting of shareholders or for the Underlying Securities are closed and, in payment of dividends or for any other purpose. In the event of the deemed exercise of any Special Warrant Warrants in accordance with the provisions hereof during any such period, the Underlying Securities subscribed period delivery of certificates may be postponed for shall be issued and such person shall be deemed to have become the holder of record of such Underlying Securities on not exceeding five (5) business days after the date on which such transfer registers are next reopened. (c) Upon any deemed exercise of the Special Warrants and issuance re-opening of Underlying Securities, the registered holders of the Underlying Securities so issued are deemed to have received the notice provided in Schedule “B” heretosaid Common Shares transfer books.