Common use of Member of “Pro Group Clause in Contracts

Member of “Pro Group. The Subscriber either [check appropriate box]: [ ] is a Member of the “Pro Group” as defined in the Rules of the Exchange, as follows: (a) subject to subparagraphs (b), (c) and (d), either individually or as a group: (i) the member (i.e. a member of the TSX Venture Exchange under the Exchange requirements); (ii) employees of the member; (iii) partners, officers or directors of the member; (iv) affiliates of the member; and (v) associates of any parties referred to in subparagraphs (i) through (iv); (b) the Exchange may, in its discretion, include a person or party in the Pro Group for the purposes of a particular calculation where the Exchange determines that the person is not acting at arm’s length to the member; (c) the Exchange may, in its discretion, exclude a person from the Pro Group for the purposes of a particular calculation where the Exchange determines that the person is acting at arm’s length of the member; (d) the Exchange may deem a person who would otherwise be included in the Pro Group pursuant to subparagraph (a) to be excluded from the Pro Group where the Exchange determines that:

Appears in 4 contracts

Samples: Subscription Agreement (BriaCell Therapeutics Corp.), Subscription Agreement (BriaCell Therapeutics Corp.), Subscription Agreement (BriaCell Therapeutics Corp.)

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