Common use of Liability of the Underwriters Clause in Contracts

Liability of the Underwriters. (1) The obligation of the Underwriters to purchase the Purchased Shares (or the Over- Allotment Shares, if the Over-Allotment Option is exercised) in connection with the Offering at the Time of Closing on the Closing Date shall be several, and not joint, nor joint and several, and shall be as to the following percentages of the Purchased Shares to be purchased at any such time: Wellington West 50% Cormark Securities Inc. 20% CIBC World Markets Inc. 15% TD Securities Inc. 15% Total 100% (2) If one of the Underwriters fails to purchase its applicable percentages of the aggregate amount of the Purchased Shares (or the Over-Allotment Shares, if the Over-Allotment Option is exercised) at the Time of Closing, the other Underwriters shall have the right, but shall not be obligated, to purchase, all but not less than all, of the applicable Shares which would otherwise have been purchased by the Underwriter that failed to purchase. If, with respect to the Shares, any non-defaulting Underwriter elects not to exercise such right so as to assume the entire obligation of the defaulting Underwriter (the Shares in respect of which the defaulting Underwriter(s) fail to purchase and the non-defaulting Underwriters do not elect to purchase being hereinafter called the “Default Securities”), Augusta shall have the right to either (i) proceed with the sale of the Shares (less the Default Securities) to the non-defaulting Underwriters, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriters except under Sections 15, 16 and 17.

Liability of the Underwriters. (1) The obligation of the Underwriters to purchase the Purchased Shares (or the Over- Over-Allotment Shares, if the Over-Allotment Option is exercised) in connection with the Offering at the Time of Closing on the Closing Date shall be several, and not joint, nor joint and several, and shall be as to the following percentages of the Purchased Shares to be purchased at any such time: Wellington West 50BMO Xxxxxxx Xxxxx Inc. 60% Cormark Securities Scotia Capital Inc. 20% CIBC World Markets Inc. 15% TD Securities Inc. 15% Total 10020% (2) If one of the Underwriters fails to purchase its applicable percentages of the aggregate amount of the Purchased Shares (or the Over-Allotment Shares, if the Over-Allotment Option is exercised) at the Time of Closing, the other Underwriters shall have the right, but shall not be obligated, to purchase, all but not less than all, of the applicable Shares which would otherwise have been purchased by the Underwriter that failed to purchase. If, with respect to the Shares, any non-defaulting Underwriter elects not to exercise such right so as to assume the entire obligation of the defaulting Underwriter (the Shares in respect of which the defaulting Underwriter(s) fail to purchase and the non-defaulting Underwriters do not elect to purchase being hereinafter called the “"Default Securities”"), Augusta Xxxxxx shall have the right to either (i) proceed with the sale of the Shares (less the Default Securities) to the non-defaulting Underwriters, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriters except under Sections 15, 16 and 17.

Liability of the Underwriters. (1i) The obligation of the Underwriters to purchase the Purchased Offered Shares (or the Over- Allotment Shares, if the Over-Allotment Option is exercised) in connection with the Offering at the Closing Time of Closing on the Closing Date shall be several, and not joint, nor joint and several, and shall be as to the following percentages of the Purchased Offered Shares to be purchased at any such time: Wellington West 50% Cormark Hxxxxxx Securities Inc. 2082.5% CIBC World Markets Blackmont Capital Inc. 15% TD Securities Inc. 15% Total 10017.5% (2ii) If one of the Underwriters fails to purchase its applicable percentages of the aggregate amount of the Purchased Offered Shares (or the Over-Allotment Shares, if the Over-Allotment Option is exercised) at the Time of ClosingClosing Time, the other Underwriters shall have the right, but shall not be obligated, to purchase, all but not less than all, of the applicable Offered Shares which would otherwise have been purchased by the Underwriter that failed to purchase. If, with respect to the Offered Shares, any non-defaulting Underwriter elects not to exercise such right so as to assume the entire obligation of the defaulting Underwriter (the Offered Shares in respect of which the defaulting Underwriter(s) fail to purchase and the non-defaulting Underwriters do not elect to purchase being hereinafter called the “Default Securities”), Augusta then the Corporation shall have the right to either (i) proceed with the sale of the Offered Shares (less the Default Securities) to the non-defaulting Underwriters, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriters except under Sections Section 15, 16 Section 16, Section 19 and 17Section 21. Nothing in this paragraph shall oblige the Corporation to sell to any of the Underwriters less than all of the Offered Shares or shall relieve any of the Underwriters in default hereunder from liability to the Corporation.

Liability of the Underwriters. (1) The obligation of the Underwriters to purchase the Purchased Shares (or the Over- Over-Allotment Shares, if the Over-Allotment Option is exercised) in connection with the Offering at the Time of Closing on the Closing Date shall be several, and not joint, nor joint and several, and shall be as to the following percentages of the Purchased Shares to be purchased at any such time: Wellington West 50% Cormark Securities BMO Xxxxxxx Xxxxx Inc. 2030% CIBC World Markets Inc. 1530% TD X.X. Xxxxxx Securities Inc. 1520% Total 100Canaccord Capital Corporation 10% Xxxxxxx Xxxxx Ltd. 10% (2) If one of the Underwriters fails to purchase its applicable percentages of the aggregate amount of the Purchased Shares (or the Over-Allotment Shares, if the Over-Allotment Option is exercised) at the Time of Closing, the other Underwriters shall have the right, but shall not be obligated, to purchase, all but not less than all, of the applicable Shares which would otherwise have been purchased by the Underwriter that failed to purchase. If, with respect to the Shares, any non-defaulting Underwriter elects not to exercise such right so as to assume the entire obligation of the defaulting Underwriter (the Shares in respect of which the defaulting Underwriter(s) fail to purchase and the non-defaulting Underwriters do not elect to purchase being hereinafter called the “"Default Securities”"), Augusta Orezone shall have the right to either either: (i) proceed with the sale of the Shares (less the Default Securities) to the non-defaulting Underwriters, ; or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriters except under Sections 15, 16 and 17.

Liability of the Underwriters. (1) The obligation of the Underwriters to purchase the Purchased Shares (or the Over- Over-Allotment Shares, if the Over-Allotment Option is exercised) in connection with the Offering at the Time of Closing on the Closing Date shall be several, and not joint, nor joint and several, and shall be as to the following percentages of the Purchased Shares to be purchased at any such time: Wellington West 50Capital Markets Inc. 40 % Cormark RBC Dominion Securities Inc. 2040 % CIBC World Markets Scotia Capital Inc. 15% TD Securities Inc. 15% Total 10020 % (2) If one of the Underwriters fails to purchase its applicable percentages of the aggregate amount of the Purchased Shares (or the Over-Allotment Shares, if the Over-Allotment Option is exercised) at the Time of Closing, the other Underwriters shall have the right, but shall not be obligated, to purchase, all but not less than all, of the applicable Shares which would otherwise have been purchased by the Underwriter that failed to purchase. If, with respect to the Shares, any non-defaulting Underwriter elects not to exercise such right so as to assume the entire obligation of the defaulting Underwriter (the Shares in respect of which the defaulting Underwriter(s) fail to purchase and the non-defaulting Underwriters do not elect to purchase being hereinafter called the “Default Securities”), Augusta Western shall have the right to either (i) proceed with the sale of the Shares (less the Default Securities) to the non-defaulting Underwriters, or (ii) terminate its obligations hereunder without liability to the non-defaulting Underwriters except under Sections 15, 16 and 17.