Grant of Participation Right. (a) The Company agrees that, subject to Section 3.6 and provided that the Participating Percentage is at least 5%, the Investor (directly or through an Affiliate) has the right (the “Participation Right”) to subscribe for and to be issued as part of an Offering at the subscription price per Offered Security pursuant to the Offering and otherwise on substantially the terms and conditions of the Offering (provided that, if the Investor is prohibited by Canadian Securities Laws or other Applicable Laws or the rules of any stock exchange from participating on substantially the terms and conditions of the Offering, the Company shall use commercially reasonable efforts to enable the Investor to participate on terms and conditions that are as substantially similar as circumstances permit):
Appears in 2 contracts
Samples: Investor Rights Agreement (Orla Mining Ltd.), Investor Rights Agreement (Orla Mining Ltd.)
Grant of Participation Right. (a) The Company agrees that, subject to Section 3.6 and 5.2, provided that the Participating Percentage is Investor owns, directly or indirectly, at least 5%% of the issued and outstanding Common Shares, the Investor (directly or through an Affiliate) has the right (the “"Participation Right”") to subscribe for and to be issued as part of an Offering at the subscription price per Offered Security pursuant to the Offering and otherwise on substantially the terms and conditions of the Offering (provided that, if the Investor is prohibited by Canadian Securities Laws or other Applicable Laws or the rules of any stock exchange applicable law from participating on substantially the terms and conditions of the Offering, the Company shall use commercially reasonable efforts to enable the Investor to participate on terms and conditions that are as substantially similar as circumstances permit):
Appears in 1 contract
Samples: Investor Rights Agreement
Grant of Participation Right. (a) The Company agrees that, subject to Section 3.6 and provided that for as long as the Participating Investor’s Ownership Percentage is at least 59.5%, the Investor (directly or through an Affiliate) has the right (the “Participation Right”) to subscribe for and to be issued as part of an Offering at the subscription price per Offered Security pursuant to the Offering and otherwise on substantially the terms and conditions of the Offering (provided that, if the Investor is prohibited by Canadian Securities Laws or other Applicable Laws or the rules of any stock exchange from participating on substantially the terms and conditions of the Offering, the Company shall use commercially reasonable efforts to enable the Investor to participate on terms and conditions that are as substantially similar as circumstances permit):
Appears in 1 contract
Samples: Rights Agreement