Common use of Extinction of Rights Clause in Contracts

Extinction of Rights. If any holder of Limited Voting Shares fails for any reason to deliver to the Depositary for cancellation the certificates formerly representing Limited Voting Shares (or an affidavit of loss and bond or other indemnity pursuant to Section 5.2), together with such other documents or instruments required for such holder to receive payment for Limited Voting Shares, on or before the sixth anniversary of the Effective Date, such holder shall be deemed to have donated and forfeited to Purchaser any cash (net of amounts required to be withheld pursuant to Section 5.4) held by the Depositary in trust for such holder to which such holder is entitled. At and after the Effective Time, any certificate formerly representing Limited Voting Shares shall represent only the right to receive the consideration provided in this Plan of Arrangement; provided that such certificates shall, on the sixth anniversary of the Effective Date, cease to represent a claim of any nature whatsoever and shall be deemed to have been surrendered to Purchaser and shall be cancelled.

Appears in 5 contracts

Samples: Plan of Arrangement, Plan of Arrangement (Four Seasons Hotels Inc), Plan of Arrangement (Triples Holdings LTD)

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Extinction of Rights. If Subject to any holder of Limited Voting Shares applicable laws governing unclaimed personal property, if any Shareholder fails for any reason to deliver to the Depositary for cancellation the certificates formerly representing Limited Voting Common Shares (or an affidavit of loss and bond or other indemnity pursuant to Section 5.24.2), together with such other documents or instruments required for such holder to receive payment for Limited Voting effect the transfer of Common Shares, on or before the sixth last Business Day before the third anniversary of the Effective Date, such holder Shareholder shall be deemed to have donated and forfeited to Purchaser the Acquiror any cash (cash, net of amounts required to be withheld pursuant to Section 5.4) any applicable withholding or other taxes, held by the Depositary in trust for such holder Shareholder to which such holder Shareholder is entitled. At and after the Effective Time, any certificate formerly representing Limited Voting Common Shares shall represent only the right to receive the consideration provided in this Section 2.2 or Section 3.1 in accordance with the Plan of Arrangement; provided that such certificates shall, on the sixth anniversary of the Effective Date, cease to represent a claim of any nature whatsoever and shall be deemed to have been surrendered to Purchaser the Acquiror and shall be cancelled.

Appears in 1 contract

Samples: Arrangement Agreement (Equal Energy Ltd.)

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