Effective Date of Arrangement. The Arrangement shall become effective on the Effective Date as set out in the Plan of Arrangement.
Effective Date of Arrangement. Subject to the terms and conditions of this Agreement and the Plan, the Arrangement shall become effective on the Effective Date.
Effective Date of Arrangement. Provided the conditions in Article 10 have been satisfied or waived and the Closing shall have occurred, the Arrangement Parties shall, forthwith following the completion of the Closing, cause all filings pursuant to the Arrangement to be made, such that the Arrangement shall become effective on the Closing Date in accordance with the Plan of Arrangement.
Effective Date of Arrangement. (a) The Effective Date shall be the date that is three Business Days after all of the conditions set forth in Sections 5.1, 5.2 and 5.3 have been satisfied or waived in accordance with the terms of this Agreement and the Plan of Arrangement (other than conditions that, by their terms, are to be satisfied at completion of the Arrangement but subject to the satisfaction or, where permitted, waiver of such conditions by the applicable Party or Parties in whose favour such condition is), but in any event no later than the Completion Deadline, or on such other date as the Parties may agree to in writing; and the steps to be carried out pursuant to the Arrangement shall become effective in the order set out in the Plan of Arrangement. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Laws, including the BCBCA.
(b) The closing of the Arrangement will occur remotely by way of the exchange of documents electronically between the Parties hereto on the Effective Date, or at such other time or place as may be agreed to by the Parties.
Effective Date of Arrangement. The Arrangement shall become effective at 12:01 a.m. on the date on which the Director issues the Certificate of Arrangement.
Effective Date of Arrangement. The Arrangement shall become effective at the Effective Time on the Effective Date, and at such time, inter alia, the following transactions shall occur in the following order concurrently with the completion of the Arrangement:
(a) the outstanding Pursuit Common Shares (excluding, for greater certainty, any Pursuit Common Shares issued pursuant to the conversion of the Pursuit Debentures) shall be consolidated (the "Pursuit Share Consolidation") on a basis of one (1) Pursuit Common Share for each 43.57 Pursuit Common Shares previously held by the Pursuit Shareholders;
(b) the terms of each of the outstanding Pursuit Options will be amended to: (i) consolidate the number of Pursuit Shares which the holder of the Pursuit Option is entitled to acquire upon the exercise thereof on the basis of one Pursuit Share for every 43.57 Pursuit Shares which the Pursuit Option previously entitled the holder to acquire; and (ii) to increase the purchase price of the Pursuit Shares which the Pursuit Option entitles the holder to acquire by the amount stipulated by the terms governing such Pursuit Option in the event of a consolidation in the share capital of Pursuit;
(c) all of the outstanding Pursuit Debentures shall be converted into the underlying Pursuit Common Shares and Pursuit Warrants;
(d) immediately following the Pursuit Share Consolidation, all of the Pursuit Common Shares outstanding on the Effective Date will be exchanged for Apollo Common Shares on the basis of one (1) Apollo Common Share for each one (1) Pursuit Common Share held;
(e) all of the outstanding Pursuit Options (as amended in accordance with paragraph (b) above) will be exchanged for options (the "Apollo Options") to acquire Apollo Shares on the basis of one Apollo Option for each Pursuit Option held;
(f) all Pursuit Warrants outstanding on the Effective Date will be exchanged for Apollo Warrants on the basis of one (1) Apollo Warrant for each one (1) Pursuit Warrant held;
(g) all Pursuit Compensation Warrants outstanding on the Effective Date will be exchanged for Apollo Warrants on the basis of one (1) Apollo Warrant for each one (1) Pursuit Compensation Warrant held;
(h) all Nevoro Common Shares outstanding on the Effective Date will be exchanged for an aggregate of 1,970,000 Apollo Common Shares; and
(i) Pursuit and Nevoro will be amalgamated and the options of Pursuit and Nevoro will be merged on the terms and subject to the conditions contained in this Agreement and the Plan of Arrangement...
Effective Date of Arrangement. The Arrangement shall become effective on the Effective Date and the steps to be carried out pursuant to the Arrangement shall become effective in the order set out in the Plan of Arrangement. The closing of the Arrangement will take place at the offices of Torys LLP, 00 Xxxxxxxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx X0X 0X0 at 10:00 a.m. (Toronto time) on the Effective Date, or such other place as agreed upon by the parties.
Effective Date of Arrangement. The Arrangement shall become effective on the Effective Date and the steps to be carried out pursuant to the Plan of Arrangement will become effective as set forth above immediately after one another in the sequence set out therein or as otherwise specified in the Plan of Arrangement. It is the intention of the Parties that all of the steps set out in section 2.2(a) through (e) shall become effective, or none of them will, unless otherwise agreed to in writing by the Parties, subject to the terms of the Final Order and all required Exchange, shareholder and regulatory approvals and otherwise in accordance with the Plan of Arrangement.
Effective Date of Arrangement
