Common use of Failure to Retract Clause in Contracts

Failure to Retract. Upon the occurrence of an event referred to in paragraph (iv) of the definition of Insolvency Event, the Corporation hereby agrees with the Trustee and in favour of the Beneficiary promptly to forward or cause to be forwarded to the Trustee all relevant materials delivered by the Beneficiary to the Corporation or to the transfer agent of the Exchangeable Shares (including a copy of the retraction request delivered pursuant to Section 6(1) of the Share Provisions) in connection with such proposed redemption of the Retracted Shares.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement, Voting and Exchange Trust Agreement (Bionik Laboratories Corp.)

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Failure to Retract. Upon the occurrence of an event referred to in paragraph (iv) of the definition of Insolvency Event, the Corporation Acquisitionco hereby agrees with the Trustee and in favour of the Beneficiary promptly to forward or cause to be forwarded to the Trustee all relevant materials delivered by the Beneficiary to the Corporation Acquisitionco or to the transfer agent of the Exchangeable Shares (including a copy of the retraction request delivered pursuant to Section 6(1(S)6(1) of the Share Provisions) in connection with such proposed redemption of the Retracted Shares.

Appears in 1 contract

Samples: Arrangement Agreement (Newmont Mining Corp /De/)

Failure to Retract. Upon the occurrence of an event referred to in paragraph (iv) of the definition of Insolvency Event, the Corporation Company hereby agrees with the Trustee and in favour of the Beneficiary promptly to forward or cause to be forwarded to the Trustee all relevant materials delivered by the Beneficiary to the Corporation Company or to the transfer agent of the Exchangeable Company Special Shares (including without limitation, a copy of the retraction request delivered pursuant to Section 6(1) of the Share Provisions) in connection with such proposed redemption of the Retracted Shares.

Appears in 1 contract

Samples: Trust Agreement (Abgenix Inc)

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Failure to Retract. Upon the occurrence of an event referred to in paragraph (iv) of the definition of Insolvency Event, the Corporation Xxxxx hereby agrees with the Trustee and in favour of the Beneficiary promptly to forward or cause to be forwarded to the Trustee all relevant materials delivered by the Beneficiary to the Corporation Canco or to the transfer agent of the Exchangeable Shares (including a copy of the retraction request delivered pursuant to Section 6(1) of the Share Provisions) in connection with such proposed redemption of the Retracted Shares.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Meta Materials Inc.)

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