Issuances Not Subject to Participation Rights. The following Issuances will not give rise to a Participation Right:
Issuances Not Subject to Participation Rights. Notwithstanding anything to the contrary contained herein, Sections 3.1 to 3.4 inclusive shall not apply to any Issuances (a) for compensatory purposes to directors, officers, employees, contractors or consultants pursuant to a security compensation plan of the Corporation that complies with the requirements of the Exchange, (b) pursuant to the exercise of existing convertible securities of the Corporation that have been issued or granted as of the date hereof, (c) pursuant to the exercise of convertible, exercisable or exchangeable securities of the Corporation issued in an Offering in respect of which the Investor had a Participation Right, or (d) pursuant to, or arising in connection with, any transaction in which the Corporation acquires an interest in a third party, whether by way of plan of arrangement, merger, business combination, or otherwise or pursuant to, or arising in connection with, a take-over bid (including a shareholder rights plan) (each such issuance of securities pursuant to paragraph (a), (b), (c) and (d) hereof being referred to as a “Dilutive Event”).
Issuances Not Subject to Participation Rights. Notwithstanding anything to the contrary contained herein, Sections 5.1 to 5.5 inclusive will not apply to any Issuances (a) for compensatory purposes to directors, officers, employees of or consultants to the Company and its Affiliates pursuant to compensation arrangements, or (b) pursuant to the exercise of existing convertible securities of the Company that have been issued or granted as of the date hereof (each such issuance of securities pursuant to paragraph (a) and (b) hereof being referred to as a "Dilutive Event").
Issuances Not Subject to Participation Rights. Notwithstanding anything to the contrary contained herein, Sections 3.1 to 3.4 inclusive will not apply to any Issuances (a) for compensatory purposes to directors, officers, employees, contractors or consultants pursuant to a security compensation plan of the Corporation that complies with the requirements of the Exchange, (b) pursuant to the exercise of existing convertible securities of the Corporation that have been issued or granted as of the date hereof, or (c) pursuant to, or arising in connection with, any transaction in which the Corporation acquires an interest in a third party, whether by way of plan of arrangement, merger, business combination, or otherwise or pursuant to, or arising in connection with, a take-over bid (including a shareholder rights plan) (each such issuance of securities pursuant to paragraph (a), (b) and (c) hereof being referred to as a “Dilutive Event”).
Issuances Not Subject to Participation Rights. Notwithstanding anything to the contrary contained herein, Sections 2.1 to 2.4 inclusive will not apply to any Issuances (a) for compensatory purposes to directors, officers, employees of or consultants to the Corporation and its Affiliates pursuant to a security compensation plan of the Corporation that complies with the requirements of the Exchange, (b) pursuant to the exercise of existing convertible securities of the Corporation that have been issued or granted as of the date hereof or the exercise of convertible securities granted to arms-length third parties solely as compensation for services rendered to support equity financings of the Corporation, (c) arising in connection with, or pursuant to, any transaction whereby the Corporation issues Offered Securities for non-cash consideration, including a plan of arrangement, merger, business combination, take-over bid (including under a shareholder rights plan), or other acquisition of a third party or assets of a third party, (d) pursuant to any Issuance, other than pursuant to an Offering that provides the Investor with the Participation Right, (e) pursuant to any Issuance with respect to an Offering whereby the Corporation receives an Exercise Notice from the Investor within the Notice Period but the Investor is not issued all of the number of Common Shares or other Offered Securities as set forth in the Exercise Notice due to the required approvals (including any approval(s) of the Exchange and any required approvals under Applicable Securities Laws and any shareholder approval) not being obtained to permit such issuance to the Investor, provided, however, that if the Investor was issued a portion of the number of Common Shares or other Offered Securities as set forth in the Exercise Notice, only the portion of the Issuance that the Investor was not entitled to exercise its Participation Right and be issued Common Shares or other Offered Shares shall be considered an Dilutive Event, or (f) arising in connection with any rights offering, stock split, stock dividend or recapitalization by the Corporation in which all shareholders or recipients are affected equally (each such issuance of securities pursuant to paragraph (a), (b), (c), (d) and (e) hereof being referred to as a “Dilutive Event”), provided that, notwithstanding anything else to the contrary in this Agreement, for the purposes of calculating the holdings or the percentage ownership interest of the Investor for the exercise of any right con...
Issuances Not Subject to Participation Rights. Notwithstanding anything to the contrary contained herein, Sections 3.1 to 3.4 inclusive will not apply to any Issuances (a) for compensatory purposes to directors, officers, employees of or consultants to Rivers and its Affiliates pursuant to a security compensation plan of Rivers; or (b) pursuant to the exercise of existing convertible securities of Rivers that have been issued or granted as of the date hereof (each such issuance of securities pursuant to paragraph (a) and (b) hereof being referred to as a “Dilutive Event”).
Issuances Not Subject to Participation Rights. Notwithstanding anything to the contrary contained herein, Sections 4.1 to 4.4 inclusive will not apply to any Issuances: (a) for compensatory purposes to directors, officers, employees of or consultants to the Corporation and its Affiliates pursuant to a security compensation plan of the Corporation that complies with the requirements of the Exchange; (b) pursuant to the exercise of existing convertible securities of the Corporation that have been issued or granted as of the date hereof; or (c) pursuant to, or arising in connection with, any transaction in which the Corporation acquires an interest in a third-party, whether by way of plan of arrangement, merger, business combination, take-over bid or otherwise.
Issuances Not Subject to Participation Rights. Notwithstanding anything to the contrary contained herein, Sections 3.1 to 3.4 inclusive will not apply to any Issuances (each such issuance of securities pursuant to paragraph (a) or (b) hereof being referred to as a "Dilutive Event"):
