Common use of Escrow of New Securities Clause in Contracts

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, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESnew securities) of another issuer (SUCCESSOR ISSUERsuccessor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder's securities and the total securities outstanding.)

Escrow of New Securities. (1) 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 will be subject to escrow in substitution for the tendered escrow securities, unlessEscrow 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 National Policy); (b) you are a “principal” (as defined in section 3.5 of the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal Policy) of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder you under outstanding convertible securities in both the escrow holders your securities and the total securities outstanding.)

Escrow of New Securities. (1) 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, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders securities and the total securities outstanding.)

Escrow of New Securities. (1) 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, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder’s securities and the total securities outstanding.)

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, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; ; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESthe “new securities”) of another issuer (SUCCESSOR ISSUERthe “successor issuer”) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unlesssecurities 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 National Policy); (b) you are a “principal” (as defined in section 3.5 of the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal Policy) of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder you under outstanding convertible securities in both the escrow holders your securities and the total securities outstanding.)

Escrow of New Securities. (1) 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, unless, immediately after completion of the business combination, (a) the successor issuer is an “exempt issuer issuer” as defined in the National Policy; (b) you are a “principal” (as defined in section 3.5 of the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal Policy) of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder you under outstanding convertible securities in both the escrow holders your securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESnew securities) of another issuer (SUCCESSOR ISSUERsuccessor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy;; (as at June 14, 2010) (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder’s securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESnew securities) of another issuer (SUCCESSOR ISSUERsuccessor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National PolicyNP 46-201; (b) the escrow holder was subject to a Value Security this Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder’s securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIES"new securities") of another issuer (SUCCESSOR ISSUERsuccessor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder's securities and the total securities outstanding.)

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, unlesssecurities if, immediately after completion of the business combination,: (a) the successor issuer is not an exempt issuer EXEMPT ISSUER (as defined in section 3.2 of the National Policy); (b) you are a PRINCIPAL (as defined in section 3.5 of the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal Policy) of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder you under outstanding convertible securities in both the escrow holders your securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESnew securities) of another issuer (SUCCESSOR ISSUERsuccessor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; , and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder’s securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESnew securities) of another issuer (SUCCESSOR ISSUERsuccessor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders securities and the total securities outstanding.)

Escrow of New Securities. (1) 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, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder's securities and the total securities outstanding.)

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, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy;; -------------------------------------------------------------------------------- FORM 5D ESCROW AGREEMENT PAGE 12 (AS AT AUGUST 2002) (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders securities and the total securities outstanding.)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESnew securities) of another issuer (SUCCESSOR ISSUERsuccessor Issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy; (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders holder’s securities and the total securities outstanding.)

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, unless, 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 National Policy); (b) you are a principal (as defined in Section 3.5 of the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal Policy) of the successor issuer; and (c) the escrow holder holds less you hold more than 1% of the voting rights attached to the successor issuer's outstanding securities. securities (In in calculating this percentage, include securities that may be issued to the escrow holder you under outstanding convertible securities in both the escrow holders your securities and the total securities outstanding).)

Escrow of New Securities. (1) If you receive securities (NEW SECURITIESnew securities) of another issuer (SUCCESSOR ISSUERsuccessor issuer) in exchange for your escrow securities, the new securities will be subject to escrow in substitution for the tendered escrow securities, unless, immediately after completion of the business combination, (a) the successor issuer is an exempt issuer as defined in the National Policy;; FORM 5D (b) the escrow holder was subject to a Value Security Escrow Agreement and is not a Principal of the successor issuer; and (c) the escrow holder holds less 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 the escrow holder under outstanding convertible securities in both the escrow holders securities and the total securities outstanding.)