Common use of Exercise Instructions Clause in Contracts

Exercise Instructions. Subject to the terms and conditions herein set forth, a Beneficiary shall be entitled, upon the occurrence and during the continuance of an Exchange Rights Trigger Event, to instruct the Trustee to exercise the Exchange Rights with respect to all or any part of the Exchangeable Shares registered in the name of such Beneficiary on the books of AcquisitionCo. To cause the exercise of the Exchange Rights by the Trustee, the Beneficiary shall deliver to the Trustee, in person or by certified or registered mail, at its principal place of business in the City of Toronto or at such other places in Canada as the Trustee may from time to time designate by written notice to the Beneficiaries, the certificates representing the Exchangeable Shares which such Beneficiary desires USCo or CallCo to purchase, duly endorsed in blank for transfer, and accompanied by such other documents and instruments as may be required to effect a transfer of Exchangeable Shares under the Act and the by-laws of AcquisitionCo and such additional documents and instruments as the Trustee, USCo, CallCo and AcquisitionCo may reasonably require, together with:

Appears in 4 contracts

Samples: Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (Quinko-Tek International, Inc.)

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Exercise Instructions. Subject to the terms and conditions herein set forth, a Beneficiary shall be entitled, upon the occurrence and and, during the continuance of an Exchange Rights Trigger Insolvency Event, to instruct the Trustee to exercise the Exchange Rights with respect to all or any part of the Exchangeable Shares registered in the name of such Beneficiary on the books of AcquisitionCo. To cause the exercise of the Exchange Rights by the Trustee, the Beneficiary shall deliver to the Trustee, in person or by certified or registered mail, at its principal place of business office in the City of Calgary or Toronto or at such other places in Canada as the Trustee may from time to time designate by written notice to the Beneficiaries, the certificates representing the Exchangeable Shares which such Beneficiary desires USCo Marathon or CallCo to purchase, duly endorsed in blank for transfer, and accompanied by such other documents and instruments as may be required to effect a transfer of Exchangeable Shares under the Act and the by-laws of AcquisitionCo and such additional documents and instruments as the Trustee, USCoMarathon, CallCo and AcquisitionCo may reasonably require, together with:

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Marathon Oil Corp), Voting and Exchange Trust Agreement (Marathon Oil Corp)

Exercise Instructions. Subject to the terms and conditions herein set forth, a Beneficiary Holder shall be entitled, upon the occurrence and during the continuance of an Exchange Rights Trigger Insolvency Event, to instruct the Trustee to exercise the Exchange Rights Right with respect to all or any part of the Exchangeable Shares registered in the name of such Beneficiary Holder on the books of AcquisitionCothe Corporation. To cause the exercise of the Exchange Rights Right by the Trustee, the Beneficiary Holder shall deliver to the Trustee, in person or by certified or registered mail, at its principal place of business transfer office in the City of Toronto Toronto, Ontario or at such other places in Canada as the Trustee may from time to time designate by written notice to the BeneficiariesHolders, the certificates representing the Exchangeable Shares which such Beneficiary Holder desires USCo or CallCo ParentCo to purchase, duly endorsed in blank for transferblank, and accompanied by such other documents and instruments as may be required to effect a transfer of Exchangeable Shares under the Business Corporations Act (Ontario) and the by-laws of AcquisitionCo the Corporation and such additional documents and instruments as the Trustee, USCo, CallCo and AcquisitionCo Trustee may reasonably require, together with:

Appears in 2 contracts

Samples: Exchange Trust Agreement, Exchange Trust Agreement (Accenture LTD)

Exercise Instructions. Subject to the terms and conditions herein set forth, a Beneficiary shall be entitled, upon the occurrence and during the continuance of an Exchange Rights Trigger Event, to instruct the Trustee to exercise the Exchange Rights with respect to all or any part of the Exchangeable Shares registered in the name of such Beneficiary on the books of AcquisitionCoAOG. To cause the exercise of the Exchange Rights by the Trustee, the Beneficiary shall deliver to the Trustee, in person or by certified or registered mail, at its principal place of business office in the City of Calgary or Toronto or at such other places in Canada as the Trustee may from time to time designate by written notice to the Beneficiaries, the certificates certificate(s) representing the Exchangeable Shares which such Beneficiary desires USCo Advantage Trust or CallCo ExchangeCo to purchase, duly endorsed in blank for transfer, and accompanied by such other documents and instruments as may be required to effect a transfer of Exchangeable Shares under the Act and the by-laws of AcquisitionCo AOG and such additional documents and instruments as the Trustee, USCoAdvantage Trust, CallCo ExchangeCo and AcquisitionCo AOG may reasonably require, together with:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Advantage Energy Income Fund)

Exercise Instructions. Subject to the terms and conditions herein set forth, a Beneficiary shall be entitled, upon the occurrence and during the continuance of an Exchange Rights Trigger Insolvency Event, to instruct the Trustee to exercise the Exchange Rights with respect to all or any part of the Exchangeable Shares registered in the name of such Beneficiary on the books of AcquisitionCoARC Resources. To cause the exercise of the Exchange Rights by the Trustee, the Beneficiary shall deliver to the Trustee, in person or by certified or registered mail, at its principal place of business office in the City of Calgary or Toronto or at such other places in Canada as the Trustee may from time to time designate by written notice to the Beneficiaries, the certificates representing the Exchangeable Shares which such Beneficiary desires USCo ARC or CallCo ARC Subco to purchase, duly endorsed in blank for transfer, and accompanied by such other documents and instruments as may be required to effect a transfer of Exchangeable Shares under the Act and the by-laws of AcquisitionCo ARC Resources and such additional documents and instruments as the Trustee, USCoARC, CallCo ARC Subco and AcquisitionCo ARC Resources may reasonably require, together with:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Arc Energy Trust)

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Exercise Instructions. Subject to the terms and conditions herein set forth, a Beneficiary shall be entitled, upon the occurrence and during the continuance of an Exchange Rights Trigger Event, to instruct the Trustee to exercise the Exchange Rights with respect to all or any part of the Exchangeable Shares registered in the name of such Beneficiary on the books of AcquisitionCoHarvest. To cause the exercise of the Exchange Rights by the Trustee, the Beneficiary shall deliver to the Trustee, in person or by certified or registered mail, at its principal place of business office in the City of Calgary or Toronto or at such other places in Canada as the Trustee may from time to time designate by written notice to the Beneficiaries, the certificates representing the Exchangeable Shares which such Beneficiary desires USCo Harvest Energy Trust or CallCo ExchangeCo to purchase, duly endorsed in blank for transfer, and accompanied by such other documents and instruments as may be required to effect a transfer of Exchangeable Shares under the Act and the by-laws of AcquisitionCo Harvest and such additional documents and instruments as the Trustee, USCoHarvest Energy Trust, CallCo ExchangeCo and AcquisitionCo Harvest may reasonably require, together with:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Harvest Energy Trust)

Exercise Instructions. Subject to the terms and conditions herein set forth, a Beneficiary shall be entitled, upon the occurrence and during the continuance of an Exchange Rights Trigger Event, to instruct the Trustee to exercise the Exchange Rights with respect to all or any part of the Exchangeable Shares registered in the name of such Beneficiary on the books of AcquisitionCoAmalgamationCo. To cause the exercise of the Exchange Rights by the Trustee, the Beneficiary shall deliver to the Trustee, in person or by certified or registered mail, at its principal place of business office in the City of Calgary or Toronto or at such other places in Canada as the Trustee may from time to time designate by written notice to the Beneficiaries, the certificates representing the Exchangeable Shares which such Beneficiary desires USCo StarPoint Energy Trust or CallCo ExchangeCo to purchase, duly endorsed in blank for transfer, and accompanied by such other documents and instruments as may be required to effect a transfer of Exchangeable Shares under the Act and the by-laws of AcquisitionCo AmalgamationCo and such additional documents and instruments as the Trustee, USCoStarPoint Energy Trust, CallCo ExchangeCo and AcquisitionCo AmalgamationCo may reasonably require, together with:

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Canetic Resources Trust)

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