Common use of Meaning of Extraordinary Resolution Clause in Contracts

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, in any other case, it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 9 contracts

Samples: Warrant Indenture (Columbia Care Inc.), Warrant Indenture (Columbia Care Inc.), Warrant Indenture (Columbia Care Inc.)

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Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 10% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 5 contracts

Samples: Warrant Indenture (mCloud Technologies Corp.), Warrant Indenture (mCloud Technologies Corp.), Warrant Indenture (mCloud Technologies Corp.)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 9.11 and in Section 7.149.14, a resolution: resolution (i) proposed passed at a meeting of Warrantholders the holders of Warrants duly convened for that purpose and held in accordance with the provisions of this Article 7 IX at which there are holders of Warrants present in person or represented by proxy Warrantholders holding representing at least 1025% of the aggregate number of all the then outstanding Warrants and passed by the affirmative votes vote of Warrantholders holding representing not less than 66 2/3% of the aggregate number of all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) adopted by an instrument in writing signed by the holders of at least Warrants representing not less than 66 2/3% percent of the aggregate number of all the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i)Warrants. (b2) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding entitled to purchase at least 1025% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, meeting then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days ten (10) Business Days later, and to such place and time as may be appointed by the chairman. Not less than 14 three (3) days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.23.6. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 9.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least 1025% of all the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture (Titan Medical Inc), Warrant Indenture (Titan Medical Inc), Warrant Indenture (Titan Medical Inc)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding Warrants to acquire at least 1020% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding Warrants to acquire not less than 66 2/3% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding Warrants to acquire at least 1020% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1020% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture (Augusta Gold Corp.), Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Common Shares that could be acquired on exercise of the Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Common Shares that could be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) 7.11 shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/375% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture (Renaissance Oil Corp.), Warrant Indenture (Jet Metal Corp.), Warrant Indenture (Gold Standard Ventures Corp.)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article ARTICLE 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1020% of the aggregate number of then Warrant Shares that may be acquired on exercise of the outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then Warrant Shares that may be acquired on exercise of the outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1020% of the aggregate number of then Warrant Shares that may be acquired on exercise of the outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairmanchair. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1020% of the aggregate number of Warrant Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture (Contact Gold Corp.), Warrant Indenture (Contact Gold Corp.), Warrant Indenture (Contact Gold Corp.)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) . If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) . Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this to Section 7.11 and in Section 7.146.13, a resolution: (i) resolution proposed to be passed as an extraordinary resolution at a meeting of Special Warrantholders duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present 6 and attended in person or by proxy by Special Warrantholders holding not less than fifty per cent (50%) of the Special Warrants outstanding and passed by not less than sixty-six and two-thirds per cent (66 2/3%) of the votes cast upon such resolution. If, at any meeting called for the purpose of passing an Extraordinary Resolution, Special Warrantholders holding at least 10% fifty per cent (50%) of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10% of the aggregate number of then outstanding Special Warrants are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, meeting if convened by Special Warrantholders or on a Special Warrantholders’ Request' request, shall be dissolved, but, ; but in any other case, case it shall stand be adjourned to such day, being not less than 15 fifteen (15) or more than 60 thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than 14 ten (10) days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.29.2. Such notice shall state that at the adjourned meeting the Special Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called convened or any other particulars. At the adjourned meeting the Special Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in this Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Special Warrantholders holding at least 10% fifty per cent (50%) of the aggregate number of then Special Warrants outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) . Subject to Section 7.146.13 hereof, votes on an Extraordinary Resolution shall always be given on a poll, and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Special Warrant Indenture (Ivanhoe Mines LTD), Special Warrant Indenture (Ivanhoe Mines LTD), Special Warrant Indenture (Ivanhoe Mines LTD)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” extraordinary resolution when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding entitled to acquire not less than 66 2/3% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 five days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture (Transatlantic Petroleum Corp.), Warrant Indenture (Transatlantic Petroleum Corp.), Warrant Indenture (Transatlantic Petroleum Corp.)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the holders of not less than 25% of the principal amount of the Debentures then outstanding, and if the meeting is a Serial Meeting, at which holders of not less than 25% of the principal amount of the Debentures then outstanding of each especially affected series, are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 66-2/3% of the aggregate number principal amount of then outstanding Warrants the Debentures, and if the meeting is a Serial Meeting by the affirmative vote of the holders of not less than 66-2/3% of each especially affected series, in each case present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants and, if the meeting is a Serial Meeting, 25% of the principal amount of the Debentures then outstanding of each especially affected series, in each case are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.212.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided of holders of not less than 66-2/3% of the principal amount of the Debentures and, if the meeting is a Serial Meeting, by the affirmative vote of the holders of not less than 66-2/3% of the principal amount of the Debentures of each especially affected series, in Section 7.11(a) each case present or represented by proxy at the meeting voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of not less than 25% in principal amount of the Debentures then outstanding, and if the meeting is a Serial Meeting, holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants of each especially affected series, are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 3 contracts

Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding representing at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding representing not less than 66 2/3% of the aggregate number of then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding entitled to acquire at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 five days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture (Oilsands Quest Inc), Warrant Indenture (Oilsands Quest Inc), Warrant Indenture (Oilsands Quest Inc)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 5.11 and in Section 7.145.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Warrant holders duly convened for that purpose and held in accordance with the provisions of this Article 7 V at which there are present in person or by proxy Warrantholders holding Warrant holders entitled to acquire at least 1066 2/3% of the aggregate number of shares which could be acquired pursuant to all of the then outstanding Warrants Warrants, and passed by the affirmative votes of Warrantholders holding Warrant holders entitled to acquire not less than 66 2/3% of the aggregate number of shares which could be acquired pursuant to all of the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding Warrant holders entitled to acquire at least 1066 2/3% of the aggregate number of shares which could be acquired pursuant to all of the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Warrant holders or on a WarrantholdersHolders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand be adjourned to such day, Business Day being not less than 15 or more than 60 14 days later, later than such date and to such place and time as may be appointed determined by the chairman. Not less than 14 days’ prior notice shall be given chairman of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Agreement (Masonite International Corp), Warrant Agreement (Masonite International Corp), Warrant Agreement (Masonite International Corp)

Meaning of Extraordinary Resolution. (a) a. The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 section and in Section section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Purchase Warrants and passed by the affirmative votes of Warrantholders holding entitled to acquire not less than 66 2/3% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Purchase Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) b. If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Purchase Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 ten days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Purchase Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes c. Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 3 contracts

Samples: Warrant Indenture (Golden Star Resources LTD), Warrant Indenture (Golden Star Resources LTD), Warrant Indenture (Golden Star Resources LTD)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: resolution (i) proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i7.11(1)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture (Algernon Pharmaceuticals Inc.), Warrant Indenture (Algernon Pharmaceuticals Inc.)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1020% of the aggregate number of all then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of all then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1020% of the aggregate number of all then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding at least 1020% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture (Organigram Holdings Inc.), Warrant Indenture (Organigram Holdings Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: : (i) proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, in any other case, it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject to the provisions of Section 11.8, and except as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the holders of not less than 25% of the aggregate principal amount of the Debentures then Outstanding are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 2/3% 66⅔% of the aggregate number principal amount of then outstanding Warrants the Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants Outstanding are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 21 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.211.3. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of not less than 66⅔% of the aggregate principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of not less than 25% in the aggregate principal amount of the aggregate number of Debentures then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Indenture, Indenture

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding and passed by the affirmative votes of Registered Warrantholders holding not less than two-thirds of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 20 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 15 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section Subsection 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding representing at least 1025% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article 9, a resolution: (i) resolution proposed to be passed at a meeting of Warrantholders Holders duly convened for that purpose and held in accordance with the provisions of this Article 7 9 at which there are Holders present in person Person or by proxy Warrantholders holding at least 10of not less than 20% of the aggregate number of the Warrants then outstanding Warrants and passed by the affirmative votes of Warrantholders holding the Holders of not less than 66 2/3% of the aggregate number of the Warrants then outstanding Warrants represented at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10Holders of not less than 20% of the aggregate number of Warrants then outstanding Warrants outstanding, are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of the Holders, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 seven days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2Article 10. Such notice shall must state that at the adjourned meeting meeting, the Warrantholders Holders present in person Person or by proxy shall form a quorum quorum, but that it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders Holders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a9.12(1) shall be an Extraordinary Resolution within the meaning of this IndentureAgreement, notwithstanding that Warrantholders holding at least 10Holders of not less than 20% of the aggregate number of Warrants then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Agency Agreement (TPCO Holding Corp.), Warrant Agency Agreement (Bespoke Capital Acquisition Corp)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present the holders of not less than 25% of the principal amount of the Debentures then outstanding represent in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 2/3662/3% of the aggregate number principal amount of then the outstanding Warrants Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior 10 days notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.214.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of not less than 662/3% of the principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of not less than 25% in principal amount of the aggregate number of Debentures then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture means, subject to as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Special Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 7, at which there are present in person or by proxy Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants and passed by the affirmative votes of Special Warrantholders holding not less than 66 2/366.67% of the aggregate number of the then outstanding Special Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting of Special Warrantholders at which an Extraordinary Resolution extraordinary resolution is to be considered, Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Special Warrantholders or on a Special Warrantholders’ Request, shall will be dissolved, but, but in any other case, case it shall will stand adjourned to such day, being not less than 15 or more than 60 50 days later, and to such place and time as may be appointed determined by the chairman. Not less than 14 10 days’ prior notice shall will be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall will state that at the adjourned meeting the Special Warrantholders present in person or by proxy shall will form a quorum but it shall will not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Special Warrantholders present in person or by proxy shall will form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall will be an Extraordinary Resolution “extraordinary resolution” within the meaning of this Indenture, Indenture notwithstanding that Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall extraordinary resolution will always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall extraordinary resolution will be necessary.

Appears in 2 contracts

Samples: Special Warrant Indenture, Special Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression ------------------------------------- "Extraordinary Resolution" when used in this Indenture means, subject means a resolution proposed to be passed as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) proposed an extraordinary resolution at a meeting of Warrantholders duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present in person or and attended by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than twenty-five percent (25%) of the Warrants outstanding and passed by not less than sixty-six and two-thirds percent (66 2/3% %) of the aggregate number of then outstanding Warrants at the meeting and voted on the poll votes cast upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding at least 10% twenty-five percent (25%) of the aggregate number of then outstanding Warrants are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, meeting if convened by Warrantholders or on a Warrantholders’ RequestWarrantholder's request, shall be dissolved, but, ; but in any other case, case it shall stand be adjourned to such day, being not less than 15 fifteen (15) or more than 60 sixty (60) days later, and to such place and time as may be appointed by the chairman. Not less than 14 ten (10) days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2meeting. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called convened or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in subsection of this Section 7.11(a) 7.10 shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 10% twenty-five percent (25%) of the aggregate number of then Warrants outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on All actions that may be taken and all powers that may be exercised by the Warrantholders at a meeting as hereinbefore in this Article provided may also be taken and exercised by holders of not less than sixty-six and two-thirds percent (66 2/3%) of the aggregate number of Warrants then outstanding by an instrument in writing signed in one or more counterparts by such holders and the expression "Extraordinary Resolution Resolution" when used in this Indenture shall always be given on a poll, and no demand for a poll on include an Extraordinary Resolution shall be necessaryinstrument so signed.

Appears in 2 contracts

Samples: Warrant Indenture (Bid Com International Inc), Warrant Indenture (Bid Com International Inc)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Shares that could be acquired on exercise of the Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Shares that could be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 1020% of the aggregate number of all then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3662/3% of the aggregate number of all then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i).resolution.‌ (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 1020% of the aggregate number of all then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 1020% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.necessary.‌‌

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of Warrants then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairmanchairperson. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding representing at least 1025% of the aggregate number of the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture (Vizsla Silver Corp.), Warrant Indenture (Vizsla Silver Corp.)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: resolution:‌ (i) proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of Warrants then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in this Section 7.11(a)(i7.11(1). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairmanchairperson. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11Section 7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 1025% of the aggregate number of the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Receiptholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Receiptholders or on a Warrantholders’ Receiptholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fourteen (14) or more than 60 thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ seven (7) days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting: (i) if the Warrantholders extraordinary resolution purports to exercise any of the powers conferred pursuant to Subsection 7.10 (a), (d), (g) or (i) or purports to change the provisions of this Section 7.11 or of Section 7.14 or purports to amend, alter or repeal any extraordinary resolution previously passed or sanctioned by the Receiptholders in exercise of the powers referred to in this paragraph, a quorum for the transaction of business shall consist of Receiptholders holding more than 25% of the then outstanding Subscription Receipts present in person or by proxy shall form proxy; and (ii) in any other case, a quorum and may transact for the transaction of business for which the meeting was originally convened, and a resolution proposed at shall consist of such Receiptholders as are present in person or by proxy. (c) At any such adjourned meeting and subject to the provisions in Subsection 7.11(b)(i), any resolution passed by the requisite vote votes as provided in Section Subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Receiptholders holding at least 10more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (cd) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 2 contracts

Samples: Subscription Receipt Agreement, Subscription Receipt Agreement

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article, a resolution: (i) resolution proposed to be passed at a meeting of Warrantholders Holders duly convened for that purpose and held in accordance with the provisions of this Article 7 9 at which there are Holders present in person or by proxy Warrantholders holding who are entitled to acquire at least 1020% of the aggregate number of Common Shares which may be acquired pursuant to the exercise of all of the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than the Holders entitled to acquire at least 66 2/3% of the aggregate number of Common Shares which may be acquired pursuant to the exercise of all of the then outstanding Warrants represented at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any such meeting, the meeting at which an Extraordinary Resolution is Holders entitled to be considered, Warrantholders holding acquire at least 1020% of the aggregate number Common Shares which may be acquired pursuant to the exercise of all of the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of the Holders, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 seven days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2Article 10. Such notice shall must state that at the adjourned meeting the Warrantholders Holders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders Holders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 9.12(1) shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding Holders entitled to acquire at least 1020% of the aggregate number Common Shares which may be acquired pursuant to the exercise of all of the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture (Bridgeport Ventures Inc.), Warrant Indenture (Bridgeport Ventures Inc.)

Meaning of Extraordinary Resolution. (a) The 8.11.1 In this Agreement, the expression “Extraordinary Resolution” when used in this Indenture means"extraordinary resolution" shall mean, subject as hereinafter provided in this Section 7.11 8.11 and in Section 7.148.13 provided, a resolution: (i) proposed resolution submitted at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 8 at which there are present in person or by proxy Warrantholders holding entitled to purchase at least 1025% (50% for any extraordinary resolution that would increase the Exercise Price, reduce the number of securities issuable on exercise of the Warrants (other than pursuant to adjustments provided for herein) or shorten the period of time prior to the Time of Expiry) of the aggregate number of Common Shares which may be purchased pursuant to all the then outstanding Warrants and passed adopted by the affirmative votes of Warrantholders holding entitled to purchase not less than 66 2/3% 66?% of the aggregate number of Common Shares which may be purchased pursuant to all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) 8.11.2 If, at any meeting called for the meeting at which purpose of adopting an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding entitled to purchase at least 1025% (50% for any extraordinary resolution that would increase the Exercise Price, reduce the number of securities issuable on exercise of the Warrants (other than pursuant to adjustments provided for herein) or shorten the period of time prior to the Time of Expiry) of the aggregate number of Common Shares which may be purchased pursuant to all the then outstanding Warrants are not present in person or by proxy within 30 minutes one-half hour after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, it shall stand adjourned to such day, being not less than 15 seven or more than 60 days 21 Business Days later, and to such place and time time, as may be appointed fixed by the chairmanchairperson. Not less than 14 5 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.25.1. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) Subsection 8.11.1 shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders holding entitled to purchase at least 1025% or 50%, as the case may be, of the aggregate number of Common Shares which may be purchased pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting and notwithstanding that a quorum is not present throughout such adjourned meeting. (c) Subject to Section 7.14, votes 8.11.3 Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Agreement (Domtar Inc /Canada), Warrant Agreement (Domtar Inc /Canada)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Receiptholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Receiptholders or on a WarrantholdersReceiptholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fourteen (14) or more than 60 thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ seven (7) days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting: (i) if the Warrantholders extraordinary resolution purports to exercise any of the powers conferred pursuant to Subsection 7.10 (a), (d), (g), (i) or (j) or purports to change the provisions of this Section 7.11 or of Section 7.14 or purports to amend, alter or repeal any extraordinary resolution previously passed or sanctioned by the Receiptholders in exercise of the powers referred to in this paragraph, a quorum for the transaction of business shall consist of Receiptholders holding more than 25% of the then outstanding Subscription Receipts present in person or by proxy shall form proxy; and (ii) in any other case, a quorum and may transact for the transaction of business for which the meeting was originally convened, and a resolution proposed at shall consist of such Receiptholders as are present in person or by proxy. (c) At any such adjourned meeting and meeting, any resolution passed by the requisite vote votes as provided in Section Subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Receiptholders holding at least 10more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (cd) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 2 contracts

Samples: Subscription Receipt Agreement (Obsidian Energy Ltd.), Subscription Receipt Agreement (Canetic Resources Trust)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject to the provisions of Section 9.8, and except as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10the holders of, collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are present in Person or by proxy and passed by the affirmative favourable votes of Warrantholders holding the holders of, collectively, not less than 66 2/3% 66⅔% of the aggregate number principal amount of then outstanding Warrants the Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be consideredholders of, Warrantholders holding at least 10collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 21 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.29.3. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of, collectively, not less than 66⅔% of the aggregate principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of, collectively, not less than 25% in the aggregate principal amount of the aggregate number of Debentures then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding entitled to acquire not less than 66 2/3% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 14 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 five days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 9.11 and in Section 7.149.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 9 at which there are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and quorum is present, passed by the affirmative votes of Warrantholders holding entitled to purchase not less than 66 2/3% 66⅔% of the aggregate number of then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution Resolution, quorum is to be considered, Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy established within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fifteen (15) or more than 60 sixty (60) days later, and to such place and time as may be appointed determined by the chairman. Not less than 14 ten (10) days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.23.6. Such notice shall state that at the adjourned meeting the Warrantholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 9.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture (Energy Fuels Inc), Warrant Indenture (Energy Fuels Inc)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Receiptholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Receiptholders or on a Warrantholders’ Receiptholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fourteen (14) or more than 60 thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ seven (7) days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting (i) if the Warrantholders extraordinary resolution purports to exercise any of the powers conferred pursuant to Subsection 7.10 (a), (d), (g), (i) or (j) or purports to change the provisions of this Section 7.11 or of Section 7.14 or purports to amend, alter or repeal any extraordinary resolution previously passed or sanctioned by the Receiptholders in exercise of the powers referred to in this paragraph, a quorum for the transaction of business shall consist of Receiptholders holding more than 25% of the then outstanding Subscription Receipts present in person or by proxy shall form proxy; and (ii) in any other case, a quorum and may transact for the transaction of business for which the meeting was originally convened, and a resolution proposed at shall consist of such Receiptholders as are present in person or by proxy. (c) At any such adjourned meeting and meeting, any resolution passed by the requisite vote votes as provided in Section Subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Receiptholders holding at least 10more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (cd) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 2 contracts

Samples: Subscription Receipt Agreement (Paramount Energy Trust), Subscription Receipt Agreement (Advantage Energy Income Fund)

Meaning of Extraordinary Resolution. (a) 11.11.1 The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 11.11 and in Section 7.1411.14, a resolution: (i) resolution proposed at a meeting of Registered Special Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 11 at which there are present in person or by proxy Registered Special Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants Underlying Securities that could be acquired and passed by the affirmative votes of Registered Special Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Underlying Securities that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) 11.11.2 If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Special Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants Underlying Securities that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Special Warrantholders or on a Special Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.214.2. Such notice shall state that at the adjourned meeting the Registered Special Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Special Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) 11.11.1 shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Special Warrantholders holding entitled to acquire at least 10% of the aggregate number of Underlying Securities which may be acquired pursuant to all the then outstanding Special Warrants are not present in person or by proxy at such adjourned meeting. (c) 11.11.3 Subject to Section 7.1411.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Special Warrant Indenture (Amaya Gaming Group Inc.), Special Warrant Indenture (Amaya Gaming Group Inc.)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Common Shares that could be acquired on exercise of the Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Common Shares that could be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) 7.11 shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Warrant Shares that may be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Warrant Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture indenture means, subject as hereinafter provided in this Section 7.11 section 6.11 and in Section 7.14section 6.14 provided, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 6 at which there are present in person or by proxy Warrantholders holding representing at least 10% of the aggregate number of all the then outstanding New Warrants and passed by the affirmative votes of Warrantholders holding representing not less than 66 2/3% of the aggregate number of all the then outstanding New Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding representing at least 10% of the aggregate number of all the then outstanding New Warrants are not present in person or by proxy within 30 minutes one-half hour after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days 10 Business Days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ three Business Days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2sections 9.1, 9.2 and 9.3 hereof. Such notice shall state that at the adjourned meeting the Warrantholders present in person or represented by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or represented by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 6.11(1) hereof shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, indenture notwithstanding that Warrantholders holding representing at least 10% of all the aggregate number of then outstanding New Warrants are not present in person or represented by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (Silver Wheaton Corp.)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of Warrant Shares that may be acquired on exercise of all of the then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of Warrant Shares that may be acquired pursuant to all of the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Warrant Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding in the aggregate at least 1025% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of Warrants then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in this Section 7.11(a)(i7.11(1). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairmanchair. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 1025% of the aggregate number of the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Supplemental Warrant Indenture (Osisko Development Corp.)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy at least two Registered Warrantholders holding at least 10% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding entitled to acquire not less than 66 2/3% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. ‌‌ (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: resolution (i) proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy at least two Registered Warrantholders holding at least 1025% of the aggregate number of all the then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants present in person or by proxy at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i).7.11(1)(i).‌ (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, two Registered Warrantholders holding at least 1025% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that two Registered Warrantholders holding at least 1025% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 10% of the aggregate number of all the then unexercised and outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of all the then unexercised and outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 10% of the aggregate number of all the then unexercised and outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairmanchairperson. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 10% of the aggregate number of all the then unexercised and outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 VII at which there are present in person or by proxy Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Class B Warrants and passed by the affirmative votes of Warrantholders holding entitled to acquire not less than 66 2/375% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Class B Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Class B Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 ten days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.210.02. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall did not form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Class B Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Seven Seas Petroleum Inc)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 6.11 and in Section 7.146.14 provided, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 6 at which there are present in person or by proxy Warrantholders holding representing at least 10% of the aggregate number of all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding representing not less than 66 2/3% of the aggregate number of all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding representing at least 10% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy within 30 minutes one-half hour after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days 10 Business Days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ three (3) Business Days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2Sections 9.1 and 9.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or represented by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or represented by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 6.11(1) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least 10% of all the aggregate number of then outstanding Warrants are not present in person or represented by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Americas Silver Corp)

Meaning of Extraordinary Resolution. (a) a. The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding entitled to acquire not less than 66 66-2/3% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) b. If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fifteen (15) or more than 60 sixty (60) days later, and to such place and time as may be appointed by the chairman. Not less than 14 ten (10) days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes c. Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Challenger Energy Corp)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% two‐ thirds of the aggregate number of Warrants then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other casecase the meeting shall be adjourned to the same day in the next week (unless such day is not a Business Day, in which case it shall stand be adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of next following Business Day) at the same time and place and no notice of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not adjournment need be necessary to set forth the purposes for which the meeting was originally called or any other particularsgiven. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding representing at least 1025% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Veris Gold Corp.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture means, subject to as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Special Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 7, at which there are present in person or by proxy Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants and passed by the affirmative votes of Special Warrantholders holding not less than 66 2/366.67% of the aggregate number of the then outstanding Special Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting of Special Warrantholders at which an Extraordinary Resolution extraordinary resolution is to be considered, Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Special Warrantholders or on a Special Warrantholders’ Request, shall will be dissolved, but, but in any other case, case it shall will stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed determined by the chairman. Not less than 14 10 days’ prior notice shall will be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall will state that at the adjourned meeting the Special Warrantholders present in person or by proxy shall will form a quorum but it shall will not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Special Warrantholders present in person or by proxy shall will form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall will be an Extraordinary Resolution “extraordinary resolution” within the meaning of this Indenture, Indenture notwithstanding that Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall extraordinary resolution will always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall extraordinary resolution will be necessary.

Appears in 1 contract

Samples: Special Warrant Indenture (Bunker Hill Mining Corp.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture means, subject to as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Special Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 7, at which there are present in person or by proxy Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants and passed by the affirmative votes of Special Warrantholders holding not less than 66 2/366.67% of the aggregate number of the then outstanding Special Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting of Special Warrantholders at which an Extraordinary Resolution extraordinary resolution is to be considered, Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Special Warrantholders or on a Special Warrantholders' Request, shall will be dissolved, but, but in any other case, case it shall will stand adjourned to such day, being not less than 15 or more than 60 50 days later, and to such place and time as may be appointed determined by the chairman. Not less than 14 10 days' prior notice shall will be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall will state that at the adjourned meeting the Special Warrantholders present in person or by proxy shall will form a quorum but it shall will not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Special Warrantholders present in person or by proxy shall will form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall will be an Extraordinary Resolution "extraordinary resolution" within the meaning of this Indenture, Indenture notwithstanding that Special Warrantholders holding at least 1025% of the aggregate number of the then outstanding Special Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall extraordinary resolution will always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall extraordinary resolution will be necessary.

Appears in 1 contract

Samples: Special Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: resolution (i) proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 10% of the aggregate number of all the then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants present in person or by proxy at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i7.11(1)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 10% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding at least 10% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (District Metals Corp.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10two Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Receiptholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding at least 10two Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Receiptholders or on a WarrantholdersReceiptholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 14 or more than 60 30 days later, and to such place and time as may be appointed by the chairmanchairman of the meeting. Not less than 14 days’ seven days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting: (i) if the Warrantholders Extraordinary Resolution purports to exercise any of the powers conferred pursuant to Section 7.10(a), (d), (g), or (i) or purports to change the provisions of this Section 7.11 or of Section 7.14 or purports to amend, alter or repeal any Extraordinary Resolution previously passed or sanctioned by the Receiptholders in exercise of the powers referred to in this Section 7.11(b)(i), a quorum for the transaction of business shall consist of Receiptholders holding more than 25% of the then outstanding Subscription Receipts present in pet son or by proxy; and (ii) in any other case, a quorum for the transaction of business shall consist of such Receiptholders as are present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, and a resolution proposed at such proxy. (c) At any adjourned meeting and of Receiptholders as described in this Section 7.11, any resolution passed by the requisite vote votes as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Receiptholders holding at least 10more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (cd) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Engine Gaming & Media, Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 8.11 and in Section 7.148.14, a resolution: (i) resolution proposed at a meeting of Warrantholders holders duly convened for that purpose and held in accordance with the provisions of this Article 7 8 at which there are present in person or by proxy Warrantholders holding at least 10holders representing not less than 20% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders holding holders representing not less than 66 2/3662/3% of the aggregate number of the then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding holders representing at least 1020% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders holders or on a Warrantholders’ Subscription Receiptholder’s Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 30 or more than 60 45 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days10 Business Days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.211.2. Such notice shall state that at the adjourned meeting the Warrantholders holders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting meeting, was originally called or any other particulars. At the adjourned meeting the Warrantholders holders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(aSubsection 8.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders holders holding at least 1020% of the aggregate number of the then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Adira Energy Ltd.)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution", when used in this Indenture Trust Indenture, means, subject as hereinafter provided in this Section 7.11 13.12 and in Section 7.1413.16 provided, a resolution: (i) resolution proposed at a meeting of Warrantholders Beneficial Holders duly convened for that the purpose of passing an Extraordinary Resolution and held in accordance with the provisions of this Article 7 13 at which there the Beneficial Holders of more than 50% of the principal amount of the outstanding Exchangeable Securities are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the Holders of not less than 66 66-2/3% of the aggregate number principal amount of then outstanding Warrants Exchangeable Securities represented at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b1) If, at any such meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding at least 10the Beneficial Holders of more than 50% of the aggregate number principal amount of then the outstanding Warrants Exchangeable Securities are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Beneficial Holders or on a Warrantholders’ Holders' Request, shall be dissolved, but, in any other casebut if otherwise convened, it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 seven days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.216. 1. Such notice shall state that at specify the quorum for such adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, (a) if the Warrantholders Extraordinary Resolution purports to exercise any of the powers conferred pursuant to paragraph (a), (c), (d), (i) or (j) of Section 13.10 or purports to change the provisions of this Section 13.12 or of Section 13.16 or purports to amend, alter or repeal any Extraordinary Resolution previously passed or sanctioned by the Beneficial Holders in exercise of the powers referred to in this paragraph, a quorum for the transaction of business shall consist of the Beneficial Holders of at least 25% of the principal amount of the Exchangeable Securities outstanding present in person or by proxy shall form proxy; and (b) in any other case, a quorum and may transact for the transaction of business for which the meeting was originally convened, and a resolution proposed at shall consist of such number of Beneficial Holders as are present in person or by proxy. (2) At any such adjourned meeting and meeting, any resolution passed by the requisite vote votes as provided in Section 7.11(aSubsection 13.12(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Trust Indenture notwithstanding that Warrantholders holding at least 10Beneficial Holders of more than 50% of the aggregate number principal amount of then the outstanding Warrants Exchangeable Securities are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on taken by a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Trust Indenture (MDC Partners Inc)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the holders of not less than 25% of the principal amount of the Debentures then outstanding, are present in person Person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 2/3% of the aggregate number principal amount of then outstanding Warrants the Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.213.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of not less than 66 2/3% of the principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of not less than 25% in principal amount of the aggregate number of Debentures then outstanding Warrants outstanding, are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Convertible Debenture Indenture (I-80 Gold Corp.)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding in the aggregate at least 1025% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of Warrants then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in this Section 7.11(a)(i7.11(1). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairmanchair. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 1025% of the aggregate number of the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Second Supplemental Warrant Indenture (Osisko Development Corp.)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1050% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1050% of the aggregate number of then outstanding Warrants Warrant Shares that may be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1050% of the aggregate number of Warrant Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article 15 provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Holders (including a reconvened meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 15 at which there the Holders of not less than 66⅔% of the principal amount of the Notes then outstanding are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding the Holders of not less than 66 2/3% 66⅔% of the aggregate number principal amount of the Notes then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10% Holders of not less than 66⅔% of the aggregate number principal amount of the Notes then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Holders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned and shall be reconvened to such daydate, being not less than 15 or 14 nor more than 60 days later, and to at such place and time as may be appointed by the chairman. Not less than 14 days’ prior 10 days notice shall be given of the time and place of such adjourned reconvened meeting in the manner provided for in Section 10.216.2. Such notice shall state that at the adjourned reconvened meeting the Warrantholders Holders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned reconvened meeting the Warrantholders Holders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned reconvened meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of Holders of not less than 66⅔% of the principal amount of the Notes then outstanding voted on the resolution shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10% the Holders of not less than 66⅔% in principal amount of the aggregate number of Notes then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Trust Indenture

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture Agreement means, subject as hereinafter provided in to the provisions of this Section 7.11 8.12 and in Section 7.14of Sections 8.15 and 8.16, a resolution: (i) proposed resolution passed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present 8 by the affirmative votes of Warrantholders who hold in person or by proxy Warrantholders holding at least 10the aggregate not less than 662/3% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants represented at the meeting and voted on the poll upon such on the resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at a meeting called for the meeting at which purpose of passing an Extraordinary Resolution Resolution, the quorum required by Section 8.12(a) is to be considered, Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall will be dissolved, but, but in any other case, it shall case will stand adjourned to such day, being not less than 15 seven calendar days or more than 60 30 calendar days later, and to such place and time time, as may be is appointed by the chairman. . (c) Not less than 14 seven calendar days’ prior ' notice shall must be given to the Warrantholders of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such meeting. (d) The notice shall must state that at the adjourned meeting the Warrantholders present in person Person or by proxy shall will form a quorum but it shall will not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. . (e) At the adjourned meeting meeting, the Warrantholders present in person or by proxy shall will form a quorum and may transact the any business for which the meeting was originally convened, and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a8.12(a) shall will be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meetingAgreement. (cf) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall must always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall will be necessary.

Appears in 1 contract

Samples: Warrant Agreement (Kinross Gold Corp)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 11 at which there the holders of not less than 25% of the principal amount of the Debentures then outstanding, and if the meeting is a Serial Meeting, at which holders of not less than 25% of the principal amount of the Debentures then outstanding of each specially affected series, are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 66-2/3% of the aggregate number principal amount of then outstanding Warrants Debentures (excluding Debentures held by the Corporation and its wholly-owned subsidiaries), and if the meeting is a Serial Meeting by the affirmative vote of the holders of not less than 66- 2/3% of the principal amount of each especially affected series (excluding Debentures held by the Corporation and its subsidiaries), in each case represented at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures outstanding and, if the meeting is a Serial Meeting, 25% of the principal amount of the Debentures then outstanding Warrants of each especially affected series, are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairmanchairperson. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.212.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in subsection (a) of this Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding the holders of not less than 25% in principal amount of the Debentures then outstanding and if the meeting is a Serial Meeting, at least 10which holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants of each especially affected series, are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Trust Indenture

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Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Warrant Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/375% of the aggregate number of then outstanding Warrants Warrant Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Warrant Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Warrant Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Supplemental Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding representing at least 10% of the aggregate number of the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding representing not less than 66 2/3% of the aggregate number of then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding representing at least 10% of the aggregate number of the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting meeting, the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Supplemental Indenture notwithstanding that Warrantholders holding representing at least 10% of the aggregate number of the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Supplemental Warrant Indenture (Gran Tierra Energy, Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject to the provisions of Section 9.8, and except as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10the holders of, collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are present in Person or by proxy and passed by the affirmative favourable votes of Warrantholders holding the holders of, collectively, not less than 66 2/3% 66⅔% of the aggregate number principal amount of then outstanding Warrants the Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be consideredholders of, Warrantholders holding at least 10collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 21 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.29.3. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of, collectively, not less than 66⅔% of the aggregate principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of, collectively, not less than 25% in the aggregate principal amount of the aggregate number of Debentures then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Indenture

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the holders of not less than 25% of the principal amount of the Debentures then outstanding, are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 2/3% of the aggregate number principal amount of then outstanding Warrants the Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.213.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of not less than 66 2/3% of the principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of not less than 25% in principal amount of the aggregate number of Debentures then outstanding Warrants outstanding, are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10two (2) Receiptholders holding in aggregate more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Receiptholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding at least 10two (2) Receiptholders holding in aggregate more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Receiptholders or on a WarrantholdersReceiptholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fourteen (14) or more than 60 thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ seven (7) days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting: (i) if the Warrantholders extraordinary resolution purports to exercise any of the powers conferred pursuant to Subsection 7.10 (a), (d), (g), (i) or (j) or purports to change the provisions of this Section 7.11 or of Section 7.14 or purports to amend, alter or repeal any extraordinary resolution previously passed or sanctioned by the Receiptholders in exercise of the powers referred to in this paragraph, a quorum for the transaction of business shall consist of Receiptholders holding more than 25% of the then outstanding Subscription Receipts present in person or by proxy shall form proxy; and (ii) in any other case, a quorum and may transact for the transaction of business for which the meeting was originally convened, and a resolution proposed at shall consist of such Receiptholders as are present in person or by proxy. (c) At any such adjourned meeting and meeting, any resolution passed by the requisite vote votes as provided in Section Subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Receiptholders holding at least 10more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (cd) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Baytex Energy Corp.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 8.11 and in Section 7.148.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Subscription Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 VII at which there are present in person or by proxy Warrantholders Subscription Receiptholders holding at least 10not less than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Subscription Receiptholders holding not less than 66 2/3% two-thirds of the aggregate number of the then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders Subscription Receiptholders holding at least 1025% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Subscription Receiptholders or on a WarrantholdersSubscription Receiptholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days10 Business Days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.211.2. Such notice shall state that at the adjourned meeting the Warrantholders Subscription Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting meeting, was originally called or any other particulars. At the adjourned meeting the Warrantholders Subscription Receiptholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 8.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Subscription Receiptholders holding at least 1025% of the aggregate number of the then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Catalyst Paper Corp)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Warrant Indenture means, subject to the provisions of Section 7.8, and except as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Holders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10the holders of, collectively, not less than 25% of the aggregate number of the Warrants then outstanding Warrants are present in Person or by proxy and passed by the affirmative favourable votes of Warrantholders holding the holders of, collectively, not less than 66 2/3% 66⅔% of the aggregate number of then outstanding Warrants present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be consideredholders of, Warrantholders holding at least 10collectively, not less than 25% of the aggregate number of Warrants then outstanding Warrants are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Holders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 21 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.27.3. Such notice shall state that at the adjourned meeting the Warrantholders Holders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Holders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of, collectively, not less than 66⅔% of the Warrants present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Warrant Indenture, notwithstanding that Warrantholders holding at least 10the holders of, collectively, not less than 25% of the aggregate number of Warrants then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (C21 Investments Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 section 6.11 and in Section 7.14section 6.14 provided, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 6 at which there are Warrantholders present in person or represented by proxy Warrantholders holding representing at least 1025% of the aggregate number of Subject Securities which may be acquired upon the exercise of all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding representing not less than 66 2/3% of the aggregate number of Subject Securities which may be acquired upon the exercise of all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding representing at least 1025% of the aggregate number of Subject Securities which may be acquired upon the exercise of all the then outstanding Warrants are not present in person or by proxy within 30 minutes one-half hour after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall will be dissolved, but, ; but in any other case, case it shall will stand adjourned to such day, being not less than 15 six or more than 60 days ten Business Days later, and to such place and time in Canada as may be appointed by the chairmanChairman. Not less than 14 days’ three Business Days prior notice shall will be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2sections 10.1, 10.2 and 10.3. Such notice shall will state that at the adjourned meeting the Warrantholders present in person or represented by proxy shall will form a quorum but it shall will not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders present in person or represented by proxy shall will form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 6.11(a) shall will be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least 1025% of the aggregate number of Subject Securities which may be acquired upon the exercise of all the then outstanding Warrants are not present in person or represented by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall will always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall will be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Novagold Resources Inc)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 9.11 and in Section 7.149.14, a resolution: resolution either; (i1) proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 9 at which there are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and quorum is present, passed by the affirmative votes of Warrantholders holding entitled to purchase not less than 66 2/3662/3% of the aggregate number of then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii2) adopted by an instrument in writing signed by the holders of at least 66 2/3Warrants representing not less than 662/3% of the aggregate number of all the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i)Warrants. (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution Resolution, quorum is to be considered, Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy established within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fifteen (15) or more than 60 sixty (60) days later, and to such place and time as may be appointed determined by the chairman. Not less than 14 ten (10) days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.23.5. Such notice shall state that at the adjourned meeting the Warrantholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 9.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Great Panther Silver LTD)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1020% of the aggregate number of all then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of all then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1020% of the aggregate number of all then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Registered Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 10 or more than 60 45 days later, and to such place and time as may be appointed by the chairmanchair. Not less than 14 7 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding at least 1020% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (KWESST Micro Systems Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject to the provisions of Section 9.8, and except as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10the holders of, collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are present in Person or by proxy and passed by the affirmative favourable votes of Warrantholders holding the holders of, collectively, not less than 66 2/3662/3% of the aggregate number principal amount of then outstanding Warrants the Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be consideredholders of, Warrantholders holding at least 10collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 21 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.29.3. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of, collectively, not less than 662/3% of the aggregate principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of, collectively, not less than 25% in the aggregate principal amount of the aggregate number of Debentures then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Indenture (C21 Investments Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least two (2) Receiptholders holding more than 10% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Receiptholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding at least two (2) Receiptholders holding more than 10% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Receiptholders or on a Warrantholders’ Receiptholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 fourteen (14) or more than 60 thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ seven (7) days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting: (i) if the Warrantholders extraordinary resolution purports to exercise any of the powers conferred pursuant to Subsection 7.10 (a), (d), (i) or (j) or purports to change the provisions of this Section 7.11 or of Section 7.14 or purports to amend, alter or repeal any extraordinary resolution previously passed or sanctioned by the Receiptholders in exercise of the powers referred to in this paragraph, a quorum for the transaction of business shall consist of Receiptholders holding more than 25% of the then outstanding Subscription Receipts present in person or by proxy shall form proxy; and (ii) in any other case, a quorum and may transact for the transaction of business for which the meeting was originally convened, and a resolution proposed at shall consist of such Receiptholders as are present in person or by proxy. (c) At any such adjourned meeting and meeting, any resolution passed by the requisite vote votes as provided in Section Subsection 7.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Receiptholders holding at least 10more than 50% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (cd) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Harvest Energy Trust)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 section and in Section 7.14sections and , a resolution: (i) resolution proposed at a meeting of the Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 9 at which there are present in person or by proxy Warrantholders holding entitled to acquire at least 1020% of the aggregate number of Common Shares that can be acquired pursuant to all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding entitled to acquire not less than 66 2/375% of the aggregate number of then outstanding Common Shares that can be acquired pursuant to all the Warrants represented at the meeting and voted on the poll upon such the resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding at least 10entitled to acquire 20% of the aggregate number of Common Shares that can be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy within 30 minutes half an hour after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, in any other case, it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such the adjourned meeting in the manner provided for in Section 10.2section . Such The notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth out the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such the adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) subsection shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10entitled to acquire 20% of the aggregate number of Common Shares that can be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such the adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Northern Orion Resources Inc)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1020% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1020% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1020% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Midway Gold Corp)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Subscription Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders Subscription Receiptholders holding at least 10not less than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Subscription Receiptholders holding not less than 66 2/3% two thirds of the aggregate number of the then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders Subscription Receiptholders holding at least 1025% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Subscription Receiptholders or on a WarrantholdersSubscription Receiptholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days10 Business Days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Subscription Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting meeting, was originally called or any other particulars. At the adjourned meeting the Warrantholders Subscription Receiptholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) subsection shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders Subscription Receiptholders holding at least 1025% of the aggregate number of the then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Response Biomedical Corp)

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject to the provisions of Section 10.8, and except as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10the holders of, collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are present in Person or by proxy and passed by the affirmative favourable votes of Warrantholders holding the holders of, collectively, not less than 66 2/3% 66⅔% of the aggregate number principal amount of then outstanding Warrants the Debentures present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be consideredholders of, Warrantholders holding at least 10collectively, not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 21 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days’ prior ' notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.212.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided in Section 7.11(a) of holders of, collectively, not less than 66⅔% of the aggregate principal amount of the Debentures present or represented by proxy at the meeting and voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of, collectively, not less than 25% in the aggregate principal amount of the aggregate number of Debentures then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Indenture (C21 Investments Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "EXTRAORDINARY RESOLUTION" when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Receiptholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the holders of not less than 25% of the Subscription Receipts then outstanding are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favorable votes of Warrantholders holding the holders of not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number of then Subscription Receipts outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Receiptholders, shall be is dissolved, but, ; but in any other case, it shall stand the meeting stands adjourned to such daydate, being not less than 15 or 14 nor more than 60 30 days later, and to such place and time as may be appointed by the chairmanchair. Not less than 14 seven days’ prior ' notice shall is to be given of the time and place of such adjourned meeting in the manner provided for in Section 10.211.1. Such To be valid for the purposes hereof, such notice shall must state that at the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form will constitute a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting meeting, the Warrantholders Receiptholders present in person or by proxy shall will form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Subsection (a) of this Section 7.11(a) shall be is an Extraordinary Resolution within the meaning and for the purposes of this IndentureAgreement, notwithstanding that Warrantholders holding at least 10the holders of less than 25% of the aggregate number of Subscription Receipts then outstanding Warrants are is not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14To be valid for the purposes hereof, such votes on an Extraordinary Resolution shall must always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be is necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Australian Canadian Oil Royalties LTD)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution”, when used in this Indenture Trust Indenture, means, subject as hereinafter provided in this Section 7.11 8.12 and in Section 7.148.15 provided, a resolution: (i) resolution proposed at a meeting of Warrantholders Licenseholders duly convened for that the purpose of passing an Extraordinary Resolution and held in accordance with the provisions of this Article 7 8 at which there the Holders of more than 50% in number of outstanding Licenses are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the Holders of not less than 66 2/3662/3% of the aggregate in number of then outstanding Warrants Licenses represented at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any such meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding at least 10the Holders of more than 50% of the aggregate in number of then outstanding Warrants Licenses are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Licenseholders, or on a WarrantholdersLicenseholders’ Request, shall be dissolved, but, in any other casebut if otherwise convened, it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 seven days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.211.1. Such notice shall state that at specify the quorum for such adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on taken by a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Trust Indenture (NUCRYST Pharmaceuticals Corp.)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter Resolution provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Warrant Shares that may be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Warrant Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article, a resolution: (i) resolution proposed to be passed at a meeting of Warrantholders Holders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are Holders present in person or by proxy Warrantholders holding who hold at least 1025% of the aggregate number of then outstanding Warrants Rights and passed by the affirmative votes of Warrantholders the Holders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants Rights represented at the meeting and voted on any matter that would otherwise be voted a poll upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i)resolution. (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders Holders holding at least 1025% of the aggregate number of then outstanding Warrants Rights are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of the Holders, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or seven nor more than 60 45 days later, and to such place and time as may be appointed by the chairman. Not less than 14 two days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2Article 7. Such notice shall must state that at the adjourned meeting the Warrantholders Holders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders Holders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a6.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders Holders holding at least 1025% of the aggregate number of then outstanding Warrants Rights are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Rights Indenture (Aura Minerals Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Note Indenture means, subject as hereinafter provided in this Section 7.11 to Sections 9.15 and in Section 7.149.18, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Holders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 9 at which there the Holders of a majority in aggregate principal amount of the Notes outstanding are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding the Holders of not less than sixty-six and two-thirds percent (66 2/3% %) of the aggregate number principal amount of then all the outstanding Warrants Notes represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i)meeting. (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10% Holders of a majority in aggregate principal amount of the aggregate number of then Notes outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened summoned by Warrantholders or on a WarrantholdersNoteholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or ten nor more than 60 20 days later, and to such place and time time, all as may be appointed by the chairman. Not less than 14 five days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.210.1. Such notice shall state that at the adjourned meeting the Warrantholders Holders present in person or by proxy shall form a quorum quorum, but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders Holders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting meeting, and passed by the requisite vote as provided in Section 7.11(aparagraph (a) above shall be an Extraordinary Resolution within the meaning of this Note Indenture, notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Note Indenture (Timberwest Forest Corp)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 6.11 and in Section 7.146.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Registered Debentureholders duly convened for that purpose and held in accordance with the provisions of this Article 7 6 at which there are present in person or by proxy Warrantholders Registered Debentureholders holding at least 1020% of the aggregate number principal amount of the Debentures then outstanding Warrants and passed by the affirmative votes of Warrantholders Registered Debentureholders holding not less than 66 2/3% 66⅔% of the aggregate number principal amount of the Debentures then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders Registered Debentureholders holding at least 1020% of the aggregate number principal amount of Debentures then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Registered Debentureholders or on a WarrantholdersDebentureholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.211.2. Such notice shall state that at the adjourned meeting the Warrantholders Registered Debentureholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders Registered Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a6.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders Registered Debentureholders holding at least 1020% of the aggregate number of then outstanding Warrants Debentures are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.146.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 1025% of the aggregate number of all then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of all then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 1025% of the aggregate number of all then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairmanchair. Not less than 14 days’ days prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding at least 1025% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Integra Resources Corp.)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least ten percent (10% %) of the aggregate number of then outstanding Warrants are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, it case the meeting shall stand be adjourned to such day, being not less than 15 fifteen (15) or more than 60 sixty (60) days later, and to such place and time as may be appointed by the chairman. Not less than 14 fourteen (14) days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least ten percent (10% %) of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (HIVE Blockchain Technologies Ltd.)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrant Shares that may be acquired on exercise of the Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants Warrant Shares that may be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 1025% of the aggregate number of Warrant Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture indenture means, subject as hereinafter provided in this Section 7.11 section 6.11 and in Section 7.14section 6.14, a resolution: (i) resolution proposed at a meeting of Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 6 at which there are Warrantholders present in person or represented by proxy Warrantholders holding representing at least 1025% of the aggregate number of all the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding representing not less than 66 2/3% of the aggregate number of all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding representing at least 1025% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy within 30 minutes one-half hour after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall will be dissolved, but, ; but in any other case, case it shall will stand adjourned to such day, being not less than 15 six or more than 60 days ten Business Days later, and to such place and time in Canada as may be appointed determined by the chairman. Not less than 14 days’ three Business Days prior notice shall will be given of the time and place of such adjourned meeting to Warrantholders in the manner provided for in Section 10.2section 10.2 and a copy of such notice will be delivered to the Warrant Agent, unless the meeting was called by the Warrant Agent, and to the Company, unless the meeting was called by the Company. Such notice shall will state that at the adjourned meeting the Warrantholders present in person or represented by proxy shall will form a quorum but it shall will not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders present in person or represented by proxy shall will form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 6.11(a) shall will be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least 1025% of the aggregate number of all the then outstanding Warrants are not present in person or represented by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall will always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall will be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Crosshair Exploration & Mining Corp)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 1025% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding the Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 1025% of the aggregate number of the Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding at least 1025% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture (Northern Dynasty Minerals LTD)

Meaning of Extraordinary Resolution. (a1) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants Common Shares that could be acquired and passed by the affirmative votes of Registered Warrantholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Common Shares that could be acquired at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants Common Shares that could be acquired are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding entitled to acquire at least 10% of the aggregate number of Common Shares which may be acquired pursuant to all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject except as hereinafter otherwise provided in this Section 7.11 and in Section 7.14Indenture, a resolution: (i) resolution proposed to be passed as an extraordinary resolution at a meeting of Warrantholders Debentureholders duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the Holders of at least 51% of the aggregate principal amount of the Debentures then outstanding are present in person or represented by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative votes of Warrantholders holding Debentureholders present in person or represented by proxy at the meeting who hold not less than 66 2/3% of the aggregate number principal amount of then outstanding Warrants at the meeting and Debentures voted on the poll upon in respect of such resolution; or (ii) in writing signed by . If, at any such meeting, the holders Holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 1051% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person or represented by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, but in any other case, it case the meeting shall stand adjourned to such daydate, being not less than 15 or 21 nor more than 60 days later, and to such place and time as may be appointed by the chairmanchairman of the meeting. Not less than 14 days’ prior notice shall be given Notice of the time and place of such adjourned meeting shall be given to the Debentureholders in the manner provided for specified in Section 10.2Article 12 at least 10 days prior to the date of the adjourned meeting. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person or represented by proxy shall form constitute a quorum quorum, but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders Debentureholders present in person or represented by proxy shall form constitute a quorum and may transact the business for which the meeting was originally convened, and a resolution proposed to be passed as an extraordinary resolution at such adjourned meeting and passed by the requisite vote as provided in this Section 7.11(a) 11.13 shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding the Holders of at least 1051% of the aggregate number principal amount of the Debentures then outstanding Warrants are not present in person or represented by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Indenture (Brookfield Renewable Energy Partners L.P.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a a‌ meeting of Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Registered Warrantholders holding representing in the aggregate at least 1020% of the aggregate number of Warrants then outstanding Warrants and passed by the affirmative votes of Registered Warrantholders holding representing not less than 66 2/3% of the aggregate number of the Warrants then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution is to be considered, Registered Warrantholders holding representing at least 1020% of the aggregate number of the Warrants then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Registered Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Registered Warrantholders holding representing at least 1020% of the aggregate number of the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolutionextraordinary resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 8.11 and in Section 7.148.14, a resolution: (i) resolution proposed at a meeting of Warrantholders holders duly convened for that purpose and held in accordance with the provisions of this Article 7 8 at which there are present in person or by proxy Warrantholders holding at least 10holders representing not less than 20% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders holding holders representing not less than 66 2/3% 66⅔% of the aggregate number of the then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the meeting at which an Extraordinary Resolution extraordinary resolution is to be considered, Warrantholders holding holders representing at least 1020% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders holders or on a Warrantholders’ Subscription Receiptholder’s Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 30 or more than 60 45 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days10 Business Days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.211.2. Such notice shall state that at the adjourned meeting the Warrantholders holders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting meeting, was originally called or any other particulars. At the adjourned meeting the Warrantholders holders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(aSubsection 8.11(a) shall be an Extraordinary Resolution extraordinary resolution within the meaning of this Indenture, Agreement notwithstanding that Warrantholders holders holding at least 1020% of the aggregate number of the then outstanding Warrants Subscription Receipts are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution extraordinary resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution extraordinary resolution shall be necessary.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.147.14 and Section 7.15, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders (including an adjourned meeting) duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding representing at least 1020% of the aggregate number of the then outstanding Warrants and passed by the affirmative votes of Warrantholders holding representing not less than 66 2/3662/3% of the aggregate number of Warrants then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at the any such meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are quorum required by Subsection 7.11(a) is not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 10 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section subsection 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least 1020% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article 10, a resolution: (i) resolution proposed to be passed at a meeting of Warrantholders Holders duly convened for that purpose and held in accordance with the provisions of this Article 7 10 at which there are Holders present in person Person or by proxy Warrantholders holding at least 10of not less than 20% of the aggregate number of the Warrants then outstanding Warrants and passed by the affirmative votes of Warrantholders holding the Holders of not less than 66 2/3% of the aggregate number of the Warrants then outstanding Warrants represented at the meeting and voted on the a poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10Holders of not less than 20% of the aggregate number of Warrants then outstanding Warrants outstanding, are not present in person Person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of the Holders, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 seven days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2Article 11. Such notice shall must state that at the adjourned meeting meeting, the Warrantholders Holders present in person Person or by proxy shall form a quorum quorum, but that it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting, the Warrantholders Holders present in person Person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a10.12(1) shall be an Extraordinary Resolution within the meaning of this IndentureAgreement, notwithstanding that Warrantholders holding at least 10Holders of not less than 20% of the aggregate number of Warrants then outstanding Warrants are not present in person Person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Agency Agreement (Columbia Care Inc.)

Meaning of Extraordinary Resolution. (a) The expression “Extraordinary Resolution” "extraordinary resolution" when used in this Indenture Agreement means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of Warrantholders Receiptholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts and passed by the affirmative votes of Warrantholders Receiptholders holding not less than 66 2/3% of the aggregate number of then outstanding Warrants Subscription Receipts represented at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredextraordinary resolution, Warrantholders holding at least 10two (2) Receiptholders holding more than 25% of the aggregate number of then outstanding Warrants Subscription Receipts are not present in person or by proxy within 30 thirty (30) minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Receiptholders or on a Warrantholders’ Receiptholders' Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 seven (7) or more than 60 thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at At the adjourned meeting the Warrantholders Receiptholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting meeting: (i) if the Warrantholders present in person extraordinary resolution purports to exercise any of the powers conferred pursuant to Subsection 7.10 (a), (d), (g), (i) or by proxy shall form a quorum and may transact (j) or purports to change the business for which the meeting was originally convened, and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a) shall be an Extraordinary Resolution within the meaning provisions of this Indenture, notwithstanding that Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, and no demand for a poll on an Extraordinary Resolution shall be necessary.Section

Appears in 1 contract

Samples: Subscription Receipt Agreement

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the holders of not less than 25% of the principal amount of the Debentures then outstanding, and if the meeting is a Serial Meeting, at which holders of not less than 25% of the principal amount of the Debentures then outstanding of each especially affected series, are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 2/3% of the aggregate number principal amount of then outstanding Warrants the Debentures, and if the meeting is a Serial Meeting by the affirmative vote of the holders of not less than 66 2/3% of each especially affected series, in each case present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants and, if the meeting is a Serial Meeting, 25% of the principal amount of the Debentures then outstanding of each especially affected series, in each case are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior 10 days notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.214.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided of holders of not less than 66 2/3% of the principal amount of the Debentures and, if the meeting is a Serial Meeting, by the affirmative vote of the holders of not less than 66 2/3% of the principal amount of the Debentures of each especially affected series, in Section 7.11(a) each case present or represented by proxy at the meeting voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of not less than 25% in principal amount of the Debentures then outstanding, and if the meeting is a Serial Meeting, holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants of each especially affected series, are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 9.11 and in Section 7.149.14, a resolution: resolution (i) proposed passed at a meeting of Warrantholders the holders of Warrants duly convened for that purpose and held in accordance with the provisions of this Article 7 IX at which there are holders of Warrants present in person or represented by proxy Warrantholders holding representing at least 1025% of the aggregate number of all the then outstanding Warrants and passed by the affirmative votes vote of Warrantholders holding representing not less than 66 2/3% of the aggregate number of all the then outstanding Warrants represented at the meeting and voted on the poll upon such resolution; or (ii) adopted by an instrument in writing signed by the holders of at least Warrants representing not less than 66 2/3% percent of the aggregate number of all the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i)Warrants. (b2) If, at any meeting called for the meeting at which purpose of passing an Extraordinary Resolution is to be consideredResolution, Warrantholders holding representing at least 1025% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, meeting then the meeting, if convened by Warrantholders or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days ten (10) Business Days later, and to such place and time as may be appointed by the chairman. Not less than 14 three (3) days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.23.6. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(asubsection 9.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders holding representing at least 1025% of all the aggregate number of then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

Meaning of Extraordinary Resolution. (a) The expression "Extraordinary Resolution" when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14Article provided, a resolution: (i) resolution proposed to be passed as an Extraordinary Resolution at a meeting of Warrantholders Debentureholders (including an adjourned meeting) duly convened for that the purpose and held in accordance with the provisions of this Article 7 at which there the holders of not less than 25% of the principal amount of the Debentures then outstanding, and if the meeting is a Serial Meeting, at which holders of not less than 25% of the principal amount of the Debentures then outstanding of each especially affected series, are present in person or by proxy Warrantholders holding at least 10% of the aggregate number of then outstanding Warrants and passed by the affirmative favourable votes of Warrantholders holding the holders of not less than 66 2/3% of the aggregate number principal amount of then outstanding Warrants the Debentures, and if the meeting is a Serial Meeting by the affirmative vote of the holders of not less than 66 2/3% of each especially affected series, in each case present or represented by proxy at the meeting and voted upon on the a poll upon on such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b) If, at any such meeting, the meeting at which an Extraordinary Resolution is to be considered, Warrantholders holding at least 10holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants and, if the meeting is a Serial Meeting, 25% of the principal amount of the Debentures then outstanding of each especially affected series, in each case are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders or on a Warrantholders’ Requestthe requisition of Debentureholders, shall be dissolved, but, dissolved but in any other case, case it shall stand adjourned to such daydate, being not less than 15 or 14 nor more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior 10 days notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.214.2. Such notice shall state that at the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particularsquorum. At the adjourned meeting the Warrantholders Debentureholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed thereat by the requisite affirmative vote as provided of holders of not less than 66 2/3% of the principal amount of the Debentures and, if the meeting is a Serial Meeting, by the affirmative vote of the holders of not less than 66 2/3% of the principal amount of the Debentures of each especially affected series, in Section 7.11(a) each case present or represented by proxy at the meeting voted upon on a poll shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders holding at least 10the holders of not less than 25% in principal amount of the Debentures then outstanding, and if the meeting is a Serial Meeting, holders of not less than 25% of the aggregate number principal amount of the Debentures then outstanding Warrants of each especially affected series, are not present in person or by proxy at such adjourned meeting. (c) Subject to Section 7.14, votes Votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)

Meaning of Extraordinary Resolution. (a1) The expression “Extraordinary Resolution” when used in this Indenture means, subject as hereinafter provided in this Section 7.11 and in Section 7.14, a resolution: (i) resolution proposed at a meeting of of‌ Registered Warrantholders duly convened for that purpose and held in accordance with the provisions of this Article 7 at which there are present in person or by proxy Warrantholders Registered Warrantholder(s) holding at least 1020% of the aggregate number of the then outstanding Warrants and passed by the affirmative votes of Warrantholders Registered Warrantholder(s) holding not less than 66 2/3662/3% of the aggregate number of the then outstanding Warrants at the meeting and voted on the poll upon such resolution; or (ii) in writing signed by the holders of at least 66 2/3% of the then outstanding Warrants on any matter that would otherwise be voted upon at a meeting called to approve such resolution as contemplated in Section 7.11(a)(i). (b2) If, at the meeting at which an Extraordinary Resolution is to be considered, Warrantholders Registered Warrantholder(s) holding at least 1020% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy within 30 minutes after the time appointed for the meeting, then the meeting, if convened by Warrantholders Registered Warrantholder(s) or on a Warrantholders’ Request, shall be dissolved, but, ; but in any other case, case it shall stand adjourned to such day, being not less than 15 or more than 60 days later, and to such place and time as may be appointed by the chairman. Not less than 14 days’ prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 10.2. Such notice shall state that at the adjourned meeting the Warrantholders Registered Warrantholder(s) present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders Registered Warrantholder(s) present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened, convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in Section 7.11(a7.11(1) shall be an Extraordinary Resolution within the meaning of this Indenture, Indenture notwithstanding that Warrantholders Registered Warrantholder(s) holding at least 1020% of the aggregate number of all the then outstanding Warrants are not present in person or by proxy at such adjourned meeting. (c3) Subject to Section 7.14, votes on an Extraordinary Resolution shall always be given on a poll, poll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Appears in 1 contract

Samples: Warrant Indenture

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