Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination: (a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy); (b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and (c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 249 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. (1) If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities ifsecurities, unless, immediately after completion of the business combination:,
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the National Policy);
(b) you are the escrow holder was subject to a principal (as defined in section 3.5 of the Policy) Value Security Escrow Agreement and is not a Principal of the successor issuer; and
(c) you hold more the escrow holder holds less than 1% of the voting rights attached to the successor issuer’s outstanding securities securities. (In calculating this percentage, include securities that may be issued to you the escrow holder under outstanding convertible securities in both your the escrow holder’s securities and the total securities outstanding.)
Appears in 27 contracts
Samples: Escrow Agreement, Escrow Agreement (Alpha Cognition Inc.), Escrow Agreement (Alpha Cognition Inc.)
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s 's outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 23 contracts
Samples: Escrow Agreement (RewardStream Solutions Inc.), Escrow Agreement, Escrow Agreement (Cybin Inc.)
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an “exempt issuer issuer” (as defined in section 3.2 of the Policy);
(b) you are a principal “principal” (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 13 contracts
Samples: Escrow Agreement (Asep Medical Holdings Inc.), Escrow Agreement (Asep Medical Holdings Inc.), Escrow Agreement
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 7 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. (1) If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities ifsecurities, unless, immediately after completion of the business combination:,
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the National Policy);
(b) you are the escrow holder was subject to a principal (as defined in section 3.5 of the Policy) Value Security Escrow Agreement and is not a Principal of the successor issuer; and
(c) you hold more the escrow holder holds less than 1% of the voting rights attached to the successor issuer’s outstanding securities securities. (In calculating this percentage, include securities that may be issued to you the escrow holder under outstanding convertible securities in both your the escrow holders securities and the total securities outstanding.)
Appears in 6 contracts
Samples: Escrow Agreement (Innexus Biotechnology Inc), Escrow Agreement (Innexus Biotechnology Inc), Escrow Agreement (Challenger Energy Corp)
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities securities. (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 4 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In in calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding).)
Appears in 3 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (the “new securities”) of another issuer (the “successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an “exempt issuer issuer” (as defined in section 3.2 of the Policy);
(b) you are a principal “principal” (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In in calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding).)
Appears in 3 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policyapplicable securities legislation);
(b) you are a principal (as defined in section 3.5 of the Policyapplicable securities legislation) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s issuer 's outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 3 contracts
Samples: Pooling Agreement (Oragenics Inc), Pooling Agreement (Oragenics Inc), Pooling Agreement (Oragenics Inc)
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securitiesEscrowed Securities, the new securities will be subject to escrow in substitution for the tendered escrow securities Escrowed Securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the PolicyNP 46- 201);
(b) you are a principal (as defined in section 3.5 of the PolicyNP 46-201) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 3 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstandingsecuritiesoutstanding.)
Appears in 3 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securitiesEscrowed Securities, the new securities will be subject to escrow in substitution for the tendered escrow securities Escrowed Securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 3 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities securities. (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 2 contracts
Samples: Escrow Agreement (BE Resources Inc.), Escrow Agreement (BE Resources Inc.)
Escrow of New Securities. If you receive securities ("new securities") of another issuer ("successor issuer") in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an "exempt issuer issuer" (as defined in section 3.2 of the Policy);
(b) you are a principal "principal" (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s 's outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(cb) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities securities. (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
Escrow of New Securities. (1) If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities ifsecurities, unless, immediately after completion of the business combination:,
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the National Policy);
(b) you are the escrow holder was subject to a principal (as defined in section 3.5 of the Policy) Value Security Escrow Agreement and is not a Principal of the successor issuer; and
(c) you hold more the escrow holder holds less than 1% of the voting rights attached to the successor issuer’s 's outstanding securities securities. (In calculating this percentage, include securities that may be issued to you the escrow holder under outstanding convertible securities in both your the escrow holder's securities and the total securities outstanding.)
Appears in 2 contracts
Samples: Escrow Agreement (KWESST Micro Systems Inc.), Escrow Agreement (KWESST Micro Systems Inc.)
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a1) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b2) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c3) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s 's outstanding securities securities. (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
Escrow of New Securities. If you receive securities (the "new securities") of another issuer (the "successor issuer") in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s 's outstanding securities (In securities.(In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In in calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securitiesthe “New Securities”) of another issuer (successor issuerthe “Successor Issuer”) in exchange for your escrow securitiesEscrow Securities, the new securities New Securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer Successor Issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuerSuccessor Issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuerSuccessor Issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities"NEW SECURITIES") of another issuer (successor issuer"SUCCESSOR ISSUER") in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s 's outstanding securities securities. (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement (Northwestern Mineral Ventures Inc.)
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 11 % of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a1) the successor issuer is not an “exempt issuer issuer” (as defined in section 3.2 of the Policy);
(b2) you are a principal “principal” (as defined in section 3.5 of the Policy) of the successor issuer; and
(c3) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding suc securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (“new securities”) of another issuer (a “successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an “exempt issuer issuer” (as defined in section 3.2 of the Policy);
(b) you are a principal “principal” (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities securities. (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (the “new securities”) of another issuer (the “successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, if immediately after completion of the business combination:
(a1) the successor issuer is not classified by the TSX as an exempt issuer (as defined in section 3.2 of the Policy)issuer;
(b2) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c3) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In in calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding).)
Appears in 1 contract
Samples: Escrow Agreement (IntelliPharmaCeutics International Inc.)
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding issuer’soutstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (“new securities“) of another issuer (“successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In in calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding i securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstandingsecuritiesoutstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities"New Securities") of another issuer (successor issuer"Successor Issuer") in exchange for your escrow securitiesEscrow Securities, the new securities New Securities will be subject to escrow in substitution for the tendered escrow securities Escrow Securities if, immediately after completion of the business combinationBusiness Combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; andand
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In in calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding).)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 11 % of the voting rights attached to the successor issuer’s 's outstanding securities (In securities.(In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered thetendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities ("new securities") of another issuer ("successor issuer") in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s 's outstanding securities securities. (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement (BE Resources Inc.)
Escrow of New Securities. If you receive securities (new each such securities, a "New Securities") of another issuer (successor issuereach, a "Successor Issuer") in exchange for your escrow securitiesEscrowed Securities, the new securities New Securities will be subject to escrow in substitution for the tendered escrow securities Escrowed Securities if, immediately after completion of the business combination:
(a) the successor issuer Successor Issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuerSuccessor Issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s Successor Issuer's outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s 's outstanding securities (In in calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding).)
Appears in 1 contract
Samples: Escrow Agreement
Escrow of New Securities. If you receive securities (new securities) of another issuer (successor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities if, immediately after completion of the business combination:
(a) the successor issuer is not an exempt issuer (as defined in section 3.2 of the Policy);
(b) you are a principal (as defined in section 3.5 of the Policy) of the successor issuer; and
(c) you hold more than 1% of the voting rights attached to the successor issuer’s outstanding securities (In calculating this percentage, include securities that may be issued to you under outstanding convertible securities in both your securities and the total securities outstanding.)) 1006405.1
Appears in 1 contract