Common use of Extinction of Rights Clause in Contracts

Extinction of Rights. If (a) any former Xxxxxxxx Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 5.1 or Section 5.2 in order for such former Xxxxxxxx Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 3.1, or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned to the Depositary or otherwise remains unclaimed, in each case, on or before the third anniversary of the Effective Date, then on the third anniversary of the Effective Date (i) such former Xxxxxxxx Shareholder will be deemed to have donated and forfeited to Agnico or its successors, all such Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, (ii) any certificate, DRS Advice or other documentation representing Xxxxxxxx Shares formerly held by such former holder shall cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by the Depositary to Agnico or as directed by Agnico, and (iv) the Consideration Shares which such former Xxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico for cancellation and the interest of such former Xxxxxxxx Shareholder in such Consideration Shares shall be terminated. None of the Parties, or any of their respective successors, will be liable to any Person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico or Xxxxxxxx or delivered to any public official pursuant to any applicable abandoned property, escheat or similar Law.

Extinction of Rights. If (a) any former Xxxxxxxx Kxxxxxxx Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 5.1 or Section 5.2 in order for such former Xxxxxxxx Kxxxxxxx Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 3.1, or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned to the Depositary or otherwise remains unclaimed, in each case, on or before the third anniversary of the Effective Date, then on the third anniversary of the Effective Date (i) such former Xxxxxxxx Kxxxxxxx Shareholder will be deemed to have donated and forfeited to Agnico or its successors, all such Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, (ii) any certificate, DRS Advice or other documentation representing Xxxxxxxx Kxxxxxxx Shares formerly held by such former holder shall cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by the Depositary to Agnico or as directed by Agnico, and (iv) the Consideration Shares which such former Xxxxxxxx Kxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico for cancellation and the interest of such former Xxxxxxxx Kxxxxxxx Shareholder in such Consideration Shares shall be terminated. None of the Parties, or any of their respective successors, will be liable to any Person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico or Xxxxxxxx Kxxxxxxx or delivered to any public official pursuant to any applicable abandoned property, escheat or similar Law.

Extinction of Rights. If If (a) any former Xxxxxxxx Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 5.1 or Section 5.2 in order for such former Xxxxxxxx Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 3.1, or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned to the Depositary or otherwise remains unclaimed, in each case, on or before the third anniversary of the Effective Date, then on the third anniversary of the Effective Date (i) such former Xxxxxxxx Shareholder will be deemed to have donated and forfeited to Agnico or its successors, all such Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, (ii) any certificate, DRS Advice or other documentation representing Xxxxxxxx Shares formerly held by such former holder shall cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by the Depositary to Agnico or as directed by Agnico, and (iv) the Consideration Shares which such former Xxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico for cancellation and the interest of such former Xxxxxxxx Shareholder in such Consideration Shares shall be terminated. None of the Parties, or any of their respective successors, will be liable to any Person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico or Xxxxxxxx or delivered to any public official pursuant to any applicable abandoned property, escheat or similar Law.

Extinction of Rights. If (a) any former Xxxxxxxx Shareholder fails to deliver Any certificate which immediately prior to the Depositary Effective Time represented outstanding Corporation Securities (other than in respect of the certificates, documents or instruments required Cancelled Warrants) shall be deemed after the Effective Time to be delivered to represent only the Depositary under Section 5.1 or Section 5.2 in order for such former Xxxxxxxx Shareholder right to receive the Consideration which upon such former holder is entitled to receive surrender a cash payment in lieu of such certificate as contemplated in this Section 4.4, less any amounts withheld pursuant to Section 3.1, 4.5. Any such certificate that is not deposited with all other instruments required by this Section 4.4 on or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned prior to the Depositary or otherwise remains unclaimed, in each case, on or before the third second (2nd) anniversary of the Effective Date, then on the third anniversary of the Effective Date (i) such former Xxxxxxxx Shareholder will be deemed to have donated and forfeited to Agnico or its successors, all such Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, (ii) any certificate, DRS Advice or other documentation representing Xxxxxxxx Shares formerly held by such former holder Time shall cease to represent a claim or any interest of any nature whatsoever and will kind or nature. On such date, the cash to which the former holder of the certificate referred to in the preceding sentence was ultimately entitled from FLX Holdco, shall be deemed to have been surrendered forfeited to Agnico and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by the Depositary to Agnico or as directed by Agnico, and (iv) the Consideration Shares which such former Xxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico FLX Holdco for cancellation and the interest of such former Xxxxxxxx Shareholder in such Consideration Shares shall be terminatedno consideration. None of the Parties, or any of their respective successors, will Parties shall be liable to any Person person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico or Xxxxxxxx or cash delivered to any a public official pursuant to any applicable abandoned property, escheat or similar Law. (b) Any payment made by way of cheque by the Paying Agent pursuant to this Plan of Arrangement that has not been deposited or has been returned to the Paying Agent or that otherwise remains unclaimed, in each case, on or before the second anniversary of the Effective Time, and any right or claim to payment hereunder that remains outstanding on the second anniversary of the Effective Time shall cease to represent a right or claim of any kind or nature and the right of the holder to receive the applicable consideration for the Securities pursuant to this Plan of Arrangement shall terminate and be deemed to be surrendered and forfeited to the Purchaser or the Corporation, as applicable, for no consideration. (c) No Corporation Securityholder shall be entitled to receive any consideration with respect to Corporation Security, other than any cash payment to which such holder is entitled to receive in accordance with Section 2.2 and Section 4.1 and, for greater certainty, notwithstanding the terms of such Company Securities or otherwise and regardless of any delay making any payment contemplated by this ARTICLE 4, no such holder shall be entitled to receive any interest, dividends, premium or other payment in connection therewith.

Extinction of Rights. If (a) If any former Xxxxxxxx Former Company Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 5.1 or Section 5.2 in order for such former Xxxxxxxx Former Company Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 3.1, or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned to the Depositary or otherwise remains unclaimed, in each case, on or before the third sixth anniversary of the Effective Date, then on the third sixth anniversary of the Effective Date (i) such former Xxxxxxxx Shareholder holder will be deemed to have donated and forfeited to Agnico the Purchaser or its successors, all such successor any Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, entitled and (ii) any certificate, DRS Advice or other documentation certificate representing Xxxxxxxx Company Shares formerly held by such former holder shall will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico the Purchaser and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by . Neither the Depositary to Agnico or as directed by Agnico, and (iv) Company nor the Consideration Shares which such former Xxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico for cancellation and the interest of such former Xxxxxxxx Shareholder in such Consideration Shares shall be terminated. None of the PartiesPurchaser, or any of their respective successors, will be liable to any Person person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico the Company or Xxxxxxxx the Purchaser or delivered to any public official pursuant to any applicable abandoned property, escheat or similar Lawlaw. (b) Any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement that has not been deposited or has been returned to the Depositary or that otherwise remains unclaimed, in each case, on or before the sixth anniversary of the Effective Date, and any right or claim to payment hereunder that remains outstanding on the sixth anniversary of the Effective Date, shall cease to represent a right or claim of any kind or nature and the right of the holder to receive the Consideration pursuant to this Plan of Arrangement shall terminate and be deemed to be surrendered and forfeited to the Purchaser for no consideration.