Common use of Issue of Common Shares Clause in Contracts

Issue of Common Shares. Upon receipt of a Rights Certificate, together with a completed Election to Exercise executed in accordance with Subsection 2.2(d)(ii) which does not indicate that such Right is null and void as provided by Subsection 3.1(b), and payment as set forth in Section 2.2(d)(iii), the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (i) requisition from the transfer agent certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (ii) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (iii) after receipt of the certificates referred to in Section 2.2(e)(i), deliver the same to or upon the order of the registered holder of such Rights Certificates, registered in such name or names as may be designated by such holder; and (iv) when appropriate, after receipt, deliver the cash referred to in clause 2.2(e)(ii) to or to the order of the registered holder of such Rights Certificate.

Appears in 6 contracts

Samples: Shareholder Rights Plan Agreement (Polymet Mining Corp), Shareholder Rights Plan Agreement (Polymet Mining Corp), Shareholder Rights Plan Agreement (Canarc Resource Corp)

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Issue of Common Shares. Upon receipt of a Rights Certificatecertificate, together with a completed Election to Exercise executed in accordance with Subsection 2.2(d)(ii) ), which does not indicate that such Right is null and void as provided by Subsection 3.1(b), and payment as set forth in Section 2.2(d)(iii), the Rights Agent (unless otherwise instructed by the Corporation Company in the event that the Corporation Company is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (i) i. requisition from the transfer agent certificates representing the number of Common Shares to be purchased (the Corporation Company hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (ii) . when appropriate, requisition from the Corporation Company the amount of cash to be paid in lieu of issuing fractional Common Shares; (iii) . after receipt of the certificates referred to in Section 2.2(e)(i), deliver the same to or upon the order of the registered holder of such Rights Certificates, registered in such name or names as may be designated by such holder; and (iv) . when appropriate, after receipt, deliver the cash referred to in clause 2.2(e)(ii) to or to the order of the registered holder of such Rights Certificate.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Coral Gold Resources, Ltd.), Shareholder Rights Plan Agreement (Avino Silver & Gold Mines LTD)

Issue of Common Shares. Upon receipt of a Rights Certificate, together with a completed Election to Exercise executed in accordance with Subsection section 2.2(d)(ii) which does not indicate that such Right is null and void as provided by Subsection section 3.1(b), and payment as set forth in Section section 2.2(d)(iii), the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (i) requisition from the transfer agent certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (ii) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (iii) after receipt of the certificates referred to in Section section 2.2(e)(i), deliver the same to or upon the order of the registered holder of such Rights Certificates, registered in such name or names as may be designated by such holder; and; (iv) when appropriate, after receipt, deliver the cash referred to in clause section 2.2(e)(ii) to or to the order of the registered holder of such Rights Certificate; and (v) tender to the Corporation all payments received on exercise of Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Endeavour Silver Corp)

Issue of Common Shares. Upon receipt of a Rights Certificatecertificate, together with a completed Election to Exercise executed in accordance with Subsection Section 2.2(d)(ii) ), which does not indicate that such Right is null and void as provided by Subsection Section 3.1(b), and payment as set forth in Section 2.2(d)(iii), the Rights Agent (unless otherwise instructed by the Corporation Company in the event that the Corporation Company is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (i) requisition from the transfer agent of the Company certificates representing the number of Common Shares to be purchased (the Corporation Company hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (ii) when appropriate, requisition from the Corporation Company the amount of cash to be paid in lieu of issuing fractional Common Shares; (iii) after receipt of the certificates referred to in Section 2.2(e)(i), deliver the same to or upon the order of the registered holder holders of such Rights Certificates, registered in such name or names as may be designated by such holder; and (iv) when appropriate, after receipt, deliver the cash referred to in clause Section 2.2(e)(ii) to or to the order of the registered holder of such Rights Certificate.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Issue of Common Shares. Upon receipt of a Rights Certificate, together with a completed Election to Exercise executed in accordance with Subsection 2.2(d)(ii) which does not indicate that such Right is null and void as provided by Subsection 3.1(b), and payment as set forth in Section Subsection 2.2(d)(iii), the Rights Agent (unless otherwise instructed by the Corporation in Company if the event that the Corporation Company is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (i) requisition from the transfer agent certificates representing the number of Common Shares to be purchased (the Corporation Company hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (ii) when appropriate, requisition from the Corporation Company the amount of cash to be paid in lieu of issuing fractional Common Shares; (iii) after receipt of the certificates referred to in Section Subsection 2.2(e)(i), deliver the same to or upon the order of the registered holder of such Rights Certificates, registered in such name or names as may be designated by such holder; and; (iv) when appropriate, after receipt, deliver the cash referred to in clause Subsection 2.2(e)(ii) to or to the order of the registered holder of such Rights Certificate; and (v) tender to the Company all payments received on exercise of the Rights.

Appears in 1 contract

Samples: Shareholder Protection Rights Plan Agreement (Western Wind Energy Corp)

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Issue of Common Shares. Upon receipt of a Rights Certificate, together with a duly completed Election to Exercise executed in accordance with Subsection section 2.2(d)(ii) which does not indicate that such Right is null and void as provided by Subsection section 3.1(b), and payment as set forth in Section section 2.2(d)(iii) and section 2.2(f), as applicable, the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (i) requisition from any transfer agent for the Common Shares (or make available if the Rights Agent is the transfer agent for the Common Shares) certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its each such transfer agent to comply with all such requisitions); (ii) when appropriatenecessary to comply with this Agreement, requisition from the Corporation the amount of cash cash, if any, to be paid in lieu of issuing fractional Common Shares, in accordance with the provisions of section 5.5(b); (iii) after receipt of the certificates referred to in Section section 2.2(e)(i), deliver or cause the same to be delivered to or upon the order of the registered holder of such Rights Certificates, registered in such name or names as may be designated by such holder; and; (iv) when appropriatenecessary to comply with this Agreement, after receipt, deliver the cash referred to in clause section 2.2(e)(ii) to or to the order of the registered holder of such Rights Certificate; and (v) tender to the Corporation all payments received on exercise of Rights.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (MFC Industrial Ltd.)

Issue of Common Shares. Upon receipt of a Rights Certificate, together with a completed Election to Exercise executed in accordance with Subsection 2.2(d)(ii) which does not indicate that such Right is null and void as provided by Subsection 3.1(bSubsection 3.1 (b), and payment as set forth in Section 2.2(d)(iii), the Rights Agent (unless otherwise instructed by the Corporation in the event that the Corporation is of the opinion that the Rights cannot be exercised in accordance with this Agreement) will thereupon promptly: (i) requisition from the transfer agent certificates representing the number of Common Shares to be purchased (the Corporation hereby irrevocably authorizing its transfer agent to comply with all such requisitions); (ii) when appropriate, requisition from the Corporation the amount of cash to be paid in lieu of issuing fractional Common Shares; (iii) after receipt of the certificates referred to in Section 2.2(e)(i), deliver the same to or upon the order of the registered holder of such Rights Certificates, registered in such name or names as may be designated by such holder; and (iv) when appropriate, after receipt, deliver the cash referred to in clause 2.2(e)(ii) to or to the order of the registered holder of such Rights Certificate.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Polymet Mining Corp)

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