Information and Assistance from the Defendants. (1) Baffinland shall, forthwith upon entry of the First Order, deliver or cause to be delivered to the Administrator an electronic list of all persons identified in the records of its transfer agent as non-objecting beneficial owners of BIM Securities who were likely mailed notices relating to the joint offer by the Offerors, or otherwise who acquired BIM Securities between January 14, 2011 and February 17, 2011, along with such information as may be available to facilitate the delivery of notice to those persons. The reasonable fees and expenses required to be paid to Baffinland’s transfer agent so as to accomplish this shall be paid as an Administration Expense from the Escrow Settlement Funds.
Information and Assistance from the Defendants. The Defendants shall, forthwith upon entry of the First Order, make reasonable efforts to deliver or cause to be delivered to the Administrator an electronic list of all persons who acquired Eligible Securities, to the extent available, along with email addresses or other
Information and Assistance from the Defendants. (1) Within thirty (30) days of the approval of the Settlement, upon request, Concordia will authorize and direct TMX Equity Transfer Services to deliver a computerized list of all persons identified in its records who may be Class Members, along with such information as may be available to facilitate the delivery of notice to those persons to Class Counsel and the Administrator. Upon request, Concordia will also authorize Broadridge Financial Solutions Inc. to obtain information about Class Members who hold or held beneficial interests in the Shares during the Class Period.
(2) Concordia will identify a person to whom the Administrator may address any requests for information in respect of s. 15.3(1) of the Agreement. Concordia agrees to make reasonable efforts to answer any reasonable inquiry from the Administrator in order to facilitate the administration and implementation of the Agreement and the Plan of Allocation.
Information and Assistance from the Defendants. (1) Within thirty (30) days of the approval of the Settlement, upon request Penn West will authorize and direct TMX Equity Transfer Services to deliver a computerized list of the names and addresses of persons who purchased Shares during either the First Class Period or the Second Class Period in its possession to Class Counsel and the Administrator. Upon request, Penn West will also authorize Broadridge Financial Solutions Inc. to obtain information about Class Members who hold or held beneficial interests in the Shares during the Class Period.
(2) Penn West will identify a person to whom the Administrator may address any requests for information in respect of s. 15.3(1) of the Agreement. Penn West agrees to make reasonable efforts to answer any reasonable inquiry from the Administrator in order to facilitate the administration and implementation of the Agreement and the Plan of Allocation.
Information and Assistance from the Defendants. (1) SNC shall, forthwith and prior to the hearing of the First Notice Motions, authorize and direct its transfer agent to deliver an electronic list of all persons identified in it records who may be Class Members, along with such information as may be available to facilitate the delivery of notice to those persons to the Administrator. The reasonable fees and expenses required to be paid to SNC’s transfer agent so as to accomplish this shall be paid as an Administration Expense from the Escrow Account.
(2) The Administrator may use the information obtained under Section 11.2(1) for the purpose of delivering the First Notice and Second Notice and for the purposes of administering and implementing this Agreement, the Plan of Notice and the Distribution Protocol.
(3) Any information obtained or created in the administration of this Agreement is confidential and, except as required by law, shall be used and disclosed only for the purpose of distributing notices and the administration of this Agreement and the Distribution Protocol.
Information and Assistance from the Defendants. (1) The Settling Defendant agrees to provide, or to instruct its transfer agent to provide, a list of all persons identified in its records who may be Class Members, along with such information as may be available to facilitate the delivery of notice to those persons (referred to herein as the “Shareholder List”).
(2) The Settling Defendant agrees to make reasonable efforts to answer any reasonable inquiry from Class Counsel and/or the Administrator in order to facilitate the administration and implementation of this Agreement, the Plan of Notice and the Plan of Allocation.
(3) Class Counsel and/or the Administrator may use the Shareholder List and other information obtained in accordance with sections 12.2(1) and 12.2(2) for the purpose of delivering the Notice of Settlement Approval Hearing, the Short Form Notice of Settlement Approval and the Long Form Notice of Settlement Approval and for the purposes of administering and implementing this Agreement, the Plan of Notice and the Plan of Allocation.
(4) Any information obtained or created in the administration of this Agreement is confidential and, except as required by law, shall be used and disclosed only for the purpose of distributing notices and the administration of this Agreement and the Plan of Allocation.
Information and Assistance from the Defendants. (1) Within thirty (30) days of the approval of the Settlement, upon request, Aurcana will authorize and direct TMX Equity Transfer Services and/or Computershare to deliver a computerized list of the names and addresses of persons who purchased Securities during the Class Period in its possession to Class Counsel and the Administrator. Upon request, Aurcana will also authorize Broadridge Financial Solutions Inc. to obtain information about Class Members who held beneficial interests in the Securities during the Class Period.
Information and Assistance from the Defendants. (1) Within thirty (30) days of the approval of the Settlement, EH will, in writing, authorize and direct delivery by its transfer agent of such computerized lists of the names and addresses of persons who purchased Eligible Securities during the Class Period in its transfer agent’s possession to Class Counsel and the Administrator. EH will also assist Class Counsel or the Administrator as may reasonably be required in obtaining information about Class Members who hold or held beneficial interests in the Eligible Securities.
(2) EH will identify an individual employee or agent whom Class Counsel and/or the Administrator may address any requests for information for the purpose of implementing this Agreement. EH agrees to make reasonable efforts to answer any reasonable inquiry from Class Counsel and/or the Administrator in order to facilitate the administration and implementation of this Agreement, the Plan of Notice and the Plan of Allocation.
(3) Class Counsel and/or the Administrator may use the information obtained in accordance with sections 13.2(1) and 13.2(2) for the purpose of delivering the Second Notice and for the purposes of administering and implementing this Agreement, the Plan of Notice and the Plan of Allocation.
(4) Any information obtained or created in the administration of this Agreement is confidential and, except as required by law, shall be used and disclosed only for the purpose of distributing notices and the administration of this Agreement and the Plan of Allocation.
Information and Assistance from the Defendants. (1) Canadian Solar, through its counsel, shall, forthwith and prior to the hearing of the Notice Approval Motion, provide Class Counsel with: (i) the electronic list of registered shareholders of Canadian Solar that is in the possession of Canadian Solar’s transfer agent, Computershare Inc., and that identifies names and address information of registered shareholders who may be Class Members; and (ii) any electronic list that may be provided to Canadian Solar’s counsel by the intermediary firm Broadridge and that may assist in facilitating the delivery of notice to Class Members.
(2) The Administrator may use the information obtained under Section 6.2(1) for the purpose of delivering the First Notice and Second Notice and for the purposes of administering and implementing this Settlement Agreement, the Plan of Notice and the Distribution Protocol.
(3) Any information obtained or created in the administration of this Settlement Agreement is confidential and, except as required by law, shall be used and disclosed only for the purpose of distributing notices and the administration of this Settlement Agreement and the Distribution Protocol.
Information and Assistance from the Defendants. (1) Within thirty (30) days of the approval of the Settlement, Redline will, in writing, authorize and direct delivery of a computerized list of the names and addresses of persons who purchased Eligible Shares during the Class Period in its possession to Class Counsel and the Administrator. Redline will also assist Class Counsel or the Administrator as may be required in obtaining information about Class Members who hold or held beneficial interests in the Eligible Shares.
(2) Redline will provide a person to whom Class Counsel and/or the Administrator may address any requests for information. Redline agrees to make reasonable efforts to answer any reasonable inquiry from Class Counsel and/or the Administrator in order to facilitate the administration and implementation of the Agreement and the Plan.
(3) Class Counsel and/or the Administrator may use the information obtained in accordance with sections 14.2(1) and (2) for the purpose of delivering the Second Notice and for the purposes of administering and implementing the Agreement and the Plan of Allocation.
(4) Any information obtained or created in the administration of this Agreement is confidential and, except as required by law, shall be used and disclosed only for the purpose of distributing notices and the administration of the Agreement and Plan.
